Dáil Éireann díospóireacht -
Thursday, 7 Dec 2000

Vol. 527 No. 5

Written Answers. - Consumer Contracts.

Austin Currie

Ceist:

105 Mr. Currie asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will have examinations made into Department of the Environment and Local Government circular H05/00A, issued to housing authorities on 29 June 2000, and any regulations made in relation to it to ascertain if the clawback provisions are contrary to the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995, (S.I. No. 27 of 1995) and specifically contrary to (1) of Schedule 3 in that circular H05/00A irrevocably binds the consumer to terms he had no real opportunity of becoming acquainted with before the conclusion of the contract. [29058/00]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 (S.I. No. 27 of 1995) as amended by the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 2000 (S.I. No. 307 of 2000) give effect to the provisions of Directive 93/13/EEC on unfair terms in consumer contracts. The Director of Consumer Affairs has responsibility for the enforcement of these regulations.

The regulations apply to any term which has not been individually negotiated in a contract between a consumer acting outside the course of business and a seller of goods or a supplier of services. Contracts can be oral or written or a mixture of both.

Terms reflecting mandatory, statutory or regulatory provisions are excluded from the scope of the regulations on unfair terms in consumer contracts regulations. Whether the status of circular HO5/00A referred to by the Deputy is such that its terms would fall within the excluded categories is not something on which I, or my Department, has the competence to comment. However, I understand that my colleague, Deputy Molloy, the Minister of State with responsibility for housing and urban renewal has now introduced transitional arrangements in respect of the clawback provisions which were contained in Circular H05/00A.