Dáil Éireann Debate, Thursday - 17 December 2015
214. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation the consumer rights applying to gift vouchers; his plans to introduce new rules concerning the period for which vouchers remain valid and to strengthen consumer rights; and if he will make a statement on the matter. [45823/15]
View answerGift vouchers supplied to consumers are subject to the provisions of general consumer protection legislation, in particular the provisions of the Consumer Protection Act 2007 on unfair, misleading and aggressive commercial practices and of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995). Gift vouchers that are not financial services products are covered also by the provisions of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013). Gift cards that come within the definition of “electronic money” in the European Communities (Electronic Money) Regulations 2011 are subject to the provisions of these Regulations unless the card can be used only to acquire goods or services in the premises of the card issuer or within a limited network of service providers or for a limited range of goods and services. The issuer of a gift card which comes within the definition of electronic money must, at the request of the electronic money holder, redeem the monetary value of the electronic money at par value at any time. Redemption may be subject to a fee in specified circumstances and any such fee must be proportionate and commensurate with the costs actually incurred by the issuer of the electronic money.
My Department published the draft Scheme of a comprehensive Consumer Rights Bill for public consultation on 25 May 2015. In addition to Parts dealing with the consolidation and updating of the law of the supply of goods, digital content and services and on unfair contract terms, the draft Scheme contains a number of provisions for the regulation of gift vouchers, including a proposed ban on expiry dates in contracts for the supply of gift vouchers. My aim in publishing the draft Scheme was to get as wide a range of responses as possible from consumers and traders in view of the fact that its provisions will affect virtually every business and citizen in the State. The responses to the gift card provisions in particular raised a substantial number of issues, some of which have required further engagement by my Department with stakeholders. In addition to concerns expressed by businesses about the impact of a complete prohibition on expiry dates, the responses have highlighted the need to ensure regulatory clarity and certainty in respect of the regulation of gift cards that come within the scope of the European Communities (Electronic Money) Regulations 2011. The consideration of other provisions of the draft Scheme has had to take account of EU legislative proposals on digital content and online and distance sale of goods published on 9 December 2015. My Department is currently finalising the provisions of the draft Scheme in the light of the responses to the consultation and other considerations with a view to its submission to Government in the New Year.
