asked the Minister for Industry, Trade, Commerce and Tourism if he is aware that the EC Council of Ministers has discussed several consumer affairs issues including liability for defective products, doorstep selling, the Community system of information on accidents in which consumer products are involved; and if he will make a statement on these important issues in relation to the policy being pursued by the Government.
Written Answers. - Government Policy on Consumer Affairs.
15.
The Council of Ministers on 25 July 1985 adopted the directive concerning liability for defective products, as agreed by all member states. The directive must be implemented by member states within three years of that date. The purpose of the directive is to impose responsibility by law on producers of products and their components for injury or loss occasioned to any person due to a defect in that product, if it is shown that the defect existed when the product was put into circulation.
This regime of strict liability will impose liability irrespective of the negligence of the defendant, though unlike absolute liability certain defences will be open. Product liability will be an additional legal redress to liability in tort and contract law. Our position during the discussions on the directive was taken in the light of consultations with all interested parties. The question of implementation of the directive is being examined at present and consultations with all interested parties will take place in due course.
The draft directive on doorstep selling has been accepted by nine member states including Ireland and is now only subject to a general reservation by Germany. This reservation is based on Germany's attitude to deregulation in the economy. The purpose of the draft directive is to protect the contractual rights of consumers who conclude contracts for goods and services away from the business premises of the trader. Under the proposal, persons who purchased goods or services following an unsolicited visit would be given a seven day period of reflection during which they could cancel the contract.
Adoption of the directive will not pose any major problems for us. I already have power under section 50 of the Sale of Goods and Supply of Services Act, 1980, to make an Order introducing a cooling off period in the case of doorstep sales.
The Council of Ministers in May 1985 discussed a proposal for a Council decision introducing a system of information on accidents in which consumer products are involved and agreed in principle on setting up a Community system of information on these products. The aim of the proposed Community system of information is the collection of data on all accidents involving consumer products (excluding road accidents and accidents at places of work) with a view to promoting accident prevention, improving the safety of consumer products and informing and educating consumers.
Further discussions on this proposal, which Ireland is supporting, will take place at a meeting of Internal Market-Consumer Affairs Ministers later this week.