Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 6 Oct 1993

Vol. 434 No. 2

Written Answers. - Consumer Protection Policy.

Phil Hogan

Ceist:

201 Mr. Hogan asked the Minister for Enterprise and Employment if he will make a statement on consumer protection policy and the changes, if any, that he has made to ensure that consumers are provided with adequate information in respect of their rights arising from the completion of the Single Market.

Consumer protection policy is based primarily on the following legislative measures:

The Consumer Information Act, 1978 which established the Office of Director of Consumer Affairs and seeks to prevent false or misleading information to consumers about goods, services and prices.

The Sale of Goods and Supply of Services Act, 1980 which governs the contractual relationship between consumers and suppliers of goods or services.

The Competition Act, 1991 implements in domestic law provisions similar to Articles 85 and 86 of the Treaty of Rome, requiring that competition in trade and commerce is not distorted.
The Liability for Defective Products Act, 1991 introduced into Irish Law for the first time, the principle of strict (no-fault) liability and switched the onus of proof, in claims of damages, from consumers to the manufacturers and suppliers.
The enforcement of consumer legislation and the dissemination of advice/information on them are the responsibility of the Director of Consumer Affairs, who is independent in the performance of his functions.
The following consumer protection measures which are related to the development of the Single Market have been implemented: European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) Regulations, 1991 (S.I. No. 228 of 1991); European Communities (Food Imitations) (Safety) Regulations, 1991 (S.I. No. 265 of 1991), European Communities (Materials and Articles intended to come into Contact with Foodstuffs) Regulations, 1991 (S.I. No. 307 of 1991); European Communities (Indication of Prices of Foodstuffs and Non-Food Products) Regulations, 1991 (S.I. No. 329 of 1991); European Communities (Safety of Toys) Regulations, 1990 (S.I. No. 32 of 1990); European Communities (Identification of Foodstuffs Lot) Regulations, 1992 (S.I. No. 110 of 1992); European Communities (Cancellation of Contracts Negotiated away from Business Premises) Regulations, 1989 (S.I. No. 224 of 1989) and European Communities (Misleading Advertising) Regulations, 1988 (S.I. No. 134 of 1988).
A Bill to give effect to Directives 87/102/EEC and 90/88/EEC on Consumer Credit will be introduced during the current Dáil Session. The proposed Bill will update existing credit legislation relating to hire purchase, moneylending and mortgage loans and will also introduce measures to regulate new types of financing.
Council Directives 93/13/EEC on unfair terms in consumer contracts and 92/59/EEC on product safety will be implemented in 1994.
The legislation which I have outlined represents major protection for the consumer and is kept under continuous review in the light of both domestic and European Community developments, including progress on completion of the Single Market. As regards information, the Director of Consumer Affairs in the exercise of his functions under Section (9) of the Consumer Information Act, 1978, ensured that the consumers are kept informed of their rights.
Barr
Roinn