Vol. 657 No. 2
6 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that there are secretaries and caretakers in schools who are working below the minimum wage in many cases; and if she will make a statement on the matter. [23569/08]
The National Employment Rights Authority, NERA, was established in 2007 on an interim basis on foot of a commitment in the social partnership agreement Towards 2016. NERA has responsibility for the promotion and enforcement of compliance with employment law generally. Under the National Minimum Wage Act 2000 NERA may undertake inspections to check compliance with the provisions of the Act and in certain circumstances may initiate prosecutions for failure to comply with particular provisions.
NERA inspection services carry out inspections as a result of complaints received, targeted campaigns and routine inspections. Where breaches of employment rights legislation are detected, NERA seeks compliance and rectification of breaches identified, including redress for the employees concerned and payment of any underpayment of wages due to those employees.
NERA Prosecution Service is empowered to prosecute employers for breaches of employment legislation. However, in the majority of cases employers rectify breaches of employment law and pay underpayments of wages due to employees without prosecution. However, NERA reserves the right to initiate prosecutions in respect of breaches of employment legislation.
On the matter of secretaries and caretakers in schools, two complaints have been received by NERA inspection services to date in 2008. The investigation of one of these complaints has been completed and no breaches of the National Minimum Wage Act were found. The investigation of the second complaint is ongoing.
If the Deputy has specific information of secretaries and caretakers in schools that are being paid below the minimum wage, he may make a complaint to the inspection services of NERA, which will investigate the matter. Details of how to contact NERA and NERA complaint forms are available from the NERA website. The Deputy should also be aware that rights commissioners of the Labour Relations Commission also hear complaints concerning breaches of the National Minimum Wage Act 2000.
I thank the Minister of State for his reply, which did not inform me about very much, other than the two complaints made this year. I was aware of the rest of his reply but I thank him for his courtesy. Is he aware of the widespread abuse of the payment of caretakers and secretaries across the State? A number of trade unions have run a campaign for more than a year to highlight this issue. Is the Minister of State aware the issue arises because the Department of Education and Science pays salaries of caretakers and secretaries to the schools involved rather than directly to them? Will he consider asking the Department to employ them directly, which would ensure widespread breaches of employment law would no longer occur?
No breaches of employment law have occurred, other than the two I outlined. There is absolutely no evidence of what the Deputy says. If he has evidence and forwards it to us, we will refer it directly to NERA for investigation.
Is the Minister of State aware a number of secretaries and caretakers have not complained to NERA out of loyalty to their schools? That is the main reason for them not making complaints to the agency but they are concerned. In other cases when the issue was raised with boards of management and the staff threatened to go to NERA, their hours of employment were reduced substantially but they still worked as many hours as they had done previously out of sheer loyalty. An abuse is taking place and there is a simple way to deal with it. The Minister of State should make representations to the Department of Education and Science to employ the secretaries and caretakers directly. Will he consider doing that?
This is a matter between the Department of Education and Science and IMPACT and discussions are ongoing. I reiterate that if the Deputy is aware of a specific instance, he should refer it to us and we will pass it on to NERA.
7 Deputy Dinny McGinley asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will instruct FÁS to ensure construction workers who lose their jobs will be facilitated to complete their apprenticeships; and if she will make a statement on the matter. [24053/08]
Given the significant reduction in construction-related activity and the subsequent increase in the numbers of construction workers who have been made redundant, I am very conscious of the need to try to accommodate apprentices in the completion of their apprenticeships. To achieve this, both my Department and FÁS have been actively examining this issue and we propose a series of actions to facilitate redundant apprentices in completing their studies. These include the following: through its employment services division, FÁS will focus on assisting redundant apprentices to source employment in order that they can complete their apprenticeship by receiving the appropriate on-the-job training and undertake the associated competence-based assessments; and FÁS will also allow apprentices who are made redundant to progress to their next off-the-job training phase of their apprenticeship, without having to do the next on-the-job phase first. A regional register of redundant apprentices is being established by FÁS. Employers who are considering recruiting apprentices will be requested to consider the employment of redundant apprentices listed on the register. The Construction Industry Federation and FÁS are meeting to resolve a number of issues in the construction sector, including redundant apprentices. FÁS will explore with the relevant authorities the accreditation of the on-the-job work experience and competency-based assessments where the apprentice has obtained employment abroad. My Department and FÁS will continue to monitor trends and activities in the industry and will work with all of the relevant stakeholders to ensure timely and satisfactory responses to assist redundant apprentices to complete their apprenticeships.
I thank the Minister of State for his response. The question was tabled prior to the enterprise committee meeting last week. I welcome the Minister's comments at the meeting. This is an important issue because between 40,000 and 50,000 construction jobs will be lost. I do not know how many will be lost by apprentices but it will probably be several thousand. It is important they should be facilitated and assisted in any way possible to complete their qualification with which they can travel or build on. Has the Minister of State given consideration to allowing apprentices to do their on-the-job work experience overseas? Significant construction work will be undertaken in the UK and the more successful economies in Europe in the coming years. Perhaps a mechanism could be found to allow apprentices to travel to London to assist with the construction work on the Underground system for the Olympic Games and to have that accredited to their apprenticeship.
Redundancies have occurred and approximately 950 apprentices have presented themselves to FÁS in recent months. FÁS is very conscious of this issue and we want to retain the skills net. There is not much point investing a great deal of time, effort and money in training people to trade level and have them fail in the final few months prior to obtaining their accreditation. FÁS is putting measures in place and the CIF is also working closely with the body. I accept and acknowledge many trades people are non-nationals and they may move elsewhere. We do not want a scenario in a few years when the economy evolves and construction picks up in other areas under the national development plan with funding for capital projects where there is a scarcity of young trained trades people.
Accreditation is an issue. If apprentices can travel abroad, there must be a recognised accreditation board in the country concerned. Those who travel to countries with a recognised accreditation system, acceptable to Ireland, should be encouraged.
I also raised this issue at last week's committee meeting. I advocate the opening of the apprenticeship route again for plasterers, plumbers, carpenters, electricians and so on. I brought to the attention of the director general of FÁS, Rody Molloy, an issue affecting young electrical apprentices. Many have acquired tremendous practical skills and they are excellent. They then participate in their block release programme in the institute of technology but about six or eight months before they qualify, they go down in an academic subject. After two or three strikes, they are out. Many famous students spent a long time in university.
On the ring road.
When I corresponded with Mr. Molloy, I asked him to examine this immediately. Very often a young person can get nervous and the academic aspect of their training becomes an obstacle, which prevents them from qualifying, even though they are experts and geniuses on the job. Could this be re-examined to give them another opportunity to ensure they qualify because they will be needed to implement the national development plan?
I get nervous when I have to answer the Deputy's questions.
Unfortunately, the Minister of State is not showing it.
The issue has been raised in correspondence by a number of Deputies and I will follow up on it. As the Deputy said, these people are fully trained and they have an entire set of skills but they fall foul in the academic area. The director general of FÁS is examining this issue. I will contact him to let him know the Deputy raised this in the House.
8 Deputy Tom Sheahan asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she will take with the main retail bodies here to address high food prices; what she proposes to achieve in the coming months in tackling high inflation on food; and if she will make a statement on the matter. [24069/08]
In the year to May 2008, the price of food and non-alcoholic beverages, as measured by consumer price index data compiled by the CSO, increased by 7.8%. The main cause of this increase in food prices has been the global rise in commodity and energy prices. Food prices have increased sharply in virtually all parts of the world and this has affected some developing countries particularly badly. Though I want to make it clear that I am not making any specific forecasts about future trends, there is evidence food price inflation has begun to moderate. The cumulative increase of 1.4% in food prices in the three months to May 2008, for example, was half the increase of 2.8% in the three months to April 2008. The consumer price index data for May 2008 also showed reductions over the preceding month in the price of a number of food items such as eggs, breakfast cereals, cheese and biscuits. The European Commission has stated recent falls in food commodity prices should generally continue, and markets stabilise, in the months ahead.
We cannot insulate consumers from the effects of global increases in commodity and energy prices and it would be misleading to pretend otherwise. We can take steps to ensure we have effective competition at the main points of the food supply chain domestically and that we have informed and empowered consumers willing to use their purchasing power to put pressure on retailers to compete properly on price with their rivals. The Government has asked the Competition Authority to monitor the operation of the grocery trade on an ongoing basis in respect of matters such as the competitive structure of the wholesale and retail sectors and the analysis of price trends. I have also recently requested the National Consumer Agency to undertake broader and more frequent price surveys. Where direct engagement with retailers is justified in the consumer's interest, I will not hesitate to act, as I have done recently, in response to public and Government concern about the apparent reluctance of the retail sector to pass on to consumers the benefits of the euro's appreciation against sterling.
The Joint Committee on Enterprise, Trade and Employment met recently with the National Consumer Agency to discuss the high cost of foodstuffs in Ireland. In addition, many media reports state that basic foodstuffs are more expensive in Ireland than anywhere else.
The National Consumer Agency carries out numerous surveys and undertakes a great deal of research in regard to food prices. For the purpose of one particular survey, it purchased the same basket of items in each of the better known supermarkets and found there was only a 35 cent difference between them. This smacks of collusion or suggests competition is forcing the supermarkets to lower their prices. Is the Minister aware there is very little difference between the cost of a basket of goods purchased in either Tesco, Dunnes Stores, SuperValu and so on?
I am aware of it. A number of issues arise, including that of price tracking. The Competition Authority has been requested to examine a number of issues. It has already produced two reports on competitiveness and is currently preparing another one. There is no indication of anti-competitive practices within the market.
It is important to state — this issue was discussed in committee — that often it is the market that determines the price. We anticipate that the market will reflect any swings or changes in consumer attitude and power. We are currently trying to ensure this is what happens. I accept it is happening at present to a small extent.
In my previous capacity as Minister for Agriculture, Fisheries and Food, an issue of grave concern was the primary consumer who had not had an increase in income capacity for a considerable period, yet the consumer was discontent with prices in this area. There are differentials involved. If one reads the front page of The Farmers’ Journal, one will note there has been a reduction in the price of dairy products. The fact that trading and commodities has increased considerably in the world market is outside our capacity. This is putting a great deal of financial pressure on people.
It is important, if we are to change the market and provide real value for money for the consumer, that we empower the consumer to allow this to happen. I am determined — I know we are all ad idem on this — to ensure people obtain transferability from the sterling-euro differential.
Will the Minister confirm that she does not believe there is collusion in the retail sector? Will she consider amending the Companies Act? If not, will she at least wave the stick at retailers that if prices do not come down the Companies Act will be amended to require them to publish their Irish profits, which is not currently the case?
I do not have any evidence of anti-competitive practices within the retail sector. If other people have such information, I would be more than happy to bring it to the attention of the Competition Authority. I do not have evidence to that effect at this moment.
Does the Minister have any suspicions in this regard?
One cannot act on suspicions or innuendo; one must have the facts. There are no indications of anti-competitive practices in the retail sector. The Competition Authority has examined the matter and has stated there is no evidence of anti-competitive practices in the sector. That is not to suggest people are not disgruntled and unhappy in regard to prices in the overall retail sector. It is on this basis the matter will be pursued as vigorously as possible.
I wish to make two points in respect of the Minister's response.
The Deputy must ask a question.
Is it not a miracle that the cost of the shopping basket of items in supermarkets A, B, C and D fall within 35 to 40 cents of each other?
It is a miracle.
This would suggest there was no basis to the Competition Authority's examination of the pharmacy industry.
Like the Minister, I, too, was involved in agriculture, having been the Labour Party spokesperson on agriculture for nine years. We seem to follow one another around. There is a significant difference between the farmgate price and that which the consumer is charged. I am speaking now about Irish goods. Who is the beneficiary of that differential?
I can say, from my experience in agriculture, that this impasse has existed for a considerable time. The consumer liaison group within my Department investigated the matter. The Deputy will know no finite conclusion was reached in this regard.
Another miracle.
I do not do miracles. Issues such as costs for retailers are being examined. This will factor in some of the issues raised by Members of the House on a number of occasions. It is difficult to ascertain and determine what is a fair price for the primary producer and what provides value for money for the consumer. We must factor in the sustainability of the retail sector which is very important to the economy. We want to ensure we have a vibrant retail sector. All of these factors must be taken into consideration. It would be great if there was one answer to fit all. It is important to point out we are trying to address this issue.
I do my utmost as, I am sure, do most Members, to buy locally produced Irish goods and to encourage people in the food and beverage sector to do likewise as doing so provides added value from a true regional policy perspective. In regard to the production of branded and non-branded goods, various issues arise. I do not have a resolution to this problem. However, it is my fervent view that we will continue to push this issue. I know my colleague, the Minister for Agriculture, Fisheries and Food, will do likewise.
9 Deputy Deirdre Clune asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will propose to Government that the National Consumer Agency should be represented at the pay talks and in social partnership; and if she will make a statement on the matter. [24007/08]
27 Deputy Ulick Burke asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will propose to Government that the National Consumer Agency should be represented at the pay talks and in social partnership; and if she will make a statement on the matter. [24001/08]
I propose to take Questions Nos. 9 and 27 together.
I consider that the appropriate mechanism for the consumer perspective to be channelled into the partnership process is via the Department of Enterprise, Trade and Employment with the support of the National Consumer Agency, NCA.
Towards 2016 recognises the importance of competition and providing a fair deal for consumers. In this regard, the NCA has a strong mandate in terms of consumer advocacy, research, information, enforcement and is resourced to promote the consumers' case.
My Department is represented directly in the partnership process. I am satisfied that it is well placed, with the support of the NCA, to bring a consumer perspective to that process.
Many people sit around the table in the partnership process. I believe the National Consumer Agency has a particular role to play in this regard. We spoke earlier about the price of foodstuffs. Other issues of concern are energy costs, financial products and communications facilities, be they mobile phones or broadband. In the interests of the consumer, the NCA would be well placed to sit at that table. I ask that the Minister of State reconsider the matter.
The Department of Enterprise, Trade and Employment is represented in the process as are unions and employers.
Retailers.
Politicians.
Consumers should have a voice in that process.
The broad spectrum of society is represented at partnership talks. Regarding the NCA, that comes through the Department of Enterprise, Trade and Employment which is directly represented at the table in the context of partnership discussions. IBEC, trade unions and the voluntary and community sector advocate lower prices for consumers in their various guises in the social and community pillar. Everybody at the table is interested in making sure that we have a competitive retail market that ensures the consumer is protected. That is something we always monitor. Our Department is the lead one in making sure that consumers' rights are protected. The Tánaiste has already indicated the measures she has taken towards contacting retailers. It is a matter of sitting down and discussing with RGDATA and others the fact that price differentials between the Republic and Northern Ireland, for example, have not been passed on as we would have liked. Politicians take an active role in this, not only in the views they express in this Chamber, but also when they sit down to partnership talks.
It is important to acknowledge after last week's Lisbon treaty referendum that the European Commissioner for Competition, Ms Neelie Kroes, is initiating an investigation about the sterling price differential not being passed on here. That was referred to earlier today. Many people are very conscious and concerned about making sure that the consumer is protected and most importantly our Department takes a lead role in this at partnership talks.
We have often referred to the important role that small and medium-sized enterprises and businesses contribute to employment in this country. They are the backbone, particularly in the current economic climate. I understand ISME has made a submission or request to be considered as part of the partnership talks. Its members, who have a lot to contribute, represent thousands of small businesses across the country. Is it not important to have ISME at the table? This is particularly so because of the view they have expounded on many occasions concerning levels of bureaucracy and red tape that prohibit many businesses getting off the ground. Many already in existence are strangled by this. ISME could contribute from that perspective and its contribution would be expansive and useful because of that experience.
Obviously, any organisation can make representations and submissions to partnership. There is a broad spectrum of representatives around the table already. Anything that contributes to a positive outcome and decisions by social partnership is welcome. Regarding ISME, this Department is very conscious of its role in ensuring the removal of regulatory burdens. We have a commitment to reduce that by 25% so when any proposals come forward, they are proofed and analysed to ensure that we do not put further burdens on small businesses.
The Department could get rid of them altogether.
Does the Minister agree that taxpayers and consumers have been shafted by the by the partnership process? Business gets its bit, at any rate big business does, the unions get theirs, farmers get something and Government politicians and Ministers who are supposed to stand up for taxpayers and consumers do not do so. In the current context, given the politicians we have, does the Minister agree that the best way for consumers to be protected is to ensure that there is a consumer advocate, the NCA or another one, and a taxpayer advocate who would be a central part of the partnership process? If consumers and taxpayers are not satisfied, the partnership will not proceed.
Reference was made to the voluntary community pillar. The Minister will be aware that the Consumers Association of Ireland applied for inclusion in that grouping and was refused by the Department of the Taoiseach. Will she ask the Taoiseach to reconsider that decision and to include the association as a partner in the community and voluntary pillar?
Any organisation or individual body wishing to join partnership can make an application to the Department of the Taoiseach.
It did but it was refused.
On the broader issues——
The Government refused it.
Partnership has served this country very well. I do not wish to hear a historical lesson again——
Deputy Bertie Ahern did.
——because, as I previously pointed out, we only talk about the past with the Deputy opposite. He seems to forget that the fundamentals of partnership are about consensus and decisions. The Government is the lead player in social partnership talks. There is a broad spectrum of representation, from business, trade unions and farmers to the social and voluntary pillar, which collectively come to an agreement and decide, not only about pay but about other policies such as taxation, funding of our services, training and education and so on. That has served this country very well.
Who stands up for our taxpayers and ordinary consumers?
We do.
I remind the Deputy——
The Government is supposed to but it does not.
The Government is at the table as well. Its performance over the past ten years has produced major reductions in income and other taxes. That is because we now have consensus to go forward instead of the confrontational type of industrial relations of previous times. I view the Deputy's continued assertions that partnership should be abandoned as something clearly——
I did not say it should be abandoned.
Most of the Deputy's commentary outside this House suggests that he has no faith in partnership to ensure that we have cohesive policies that serve all sectors of society, not only big business but at individual level. At the end of the day, the Government is present at the table and it will protect everybody's interests.
10 Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employment her strategy to tackle soaring youth unemployment; and if she will make a statement on the matter. [24024/08]
Unemployment is measured by the quarterly national household survey, collated and published by the CSO. The latest release on 5 June for the first quarter, December-February 2008, shows that there are now 28,800 young people unemployed, an increase of 1,000 in the year, and the youth unemployment rate is 8.8%. This is one of the lowest among other EU member states and compares favourably to the youth unemployment rate for the EU 27 in 2007 of 15.4%.
The latest live register release on 10 June, relating to the month of May, recorded 42,730 young people under 25 as signing on, an increase of 12,169 in the year. The live register is not designed to measure unemployment as it includes part-time, seasonal and casual workers who might be signing on from time to time.
A range of measures and supports is provided on an ongoing basis by FÁS, aimed specifically at assisting young people who have greater difficulty in entering or re-entering the labour market. These include an extensive range of training interventions for young early school leavers as part of the Youthreach programme jointly managed by FÁS and the Department of Education and Science. The interventions are delivered in predominantly disadvantaged areas in both urban and rural communities, through the provision of training, education and learning supports to enhance opportunities for progression to the labour market or further training and education.
A range of bridging, specific skills training courses and traineeship programmes, accredited by FETAC, is provided through FÁS training centres. These programmes help to raise participants to raise their educational and skill levels and to gain work experience with a view to improving individual employability. Job clubs funded by FÁS, in conjunction with the community and voluntary sectors, are aimed at providing enhanced job-seeking supports, such as interview skills, CV preparation etc.
While the slowdown in the economy has resulted in less employment growth than that experienced more recently, employment has grown by 2.6% or 53,800 in the year to the first quarter of 2008 and is forecast to continue to grow this year by 24,000. In addition, the employment market still has job vacancies. The most recent FÁS-ESRI employment and vacancies survey for April 2008 shows that 7% of firms are reporting vacancies.
For anyone who may become unemployed a number of supports are available. After three months on the live register those who are still unemployed are referred by the Department of Social and Family Affairs to FÁS to assist them into training or employment. FÁS is working through its own employment service and with the local employment service provided by area based partnerships to provide increased interviewing and caseload management capacity to respond to the increased numbers on the live register.
Specifically, FÁS is implementing a range of short and medium-term actions for those affected by the increase in unemployment and the construction slowdown. These include putting in place training to upskill construction workers in respect of emerging needs; business training and mentoring for workers from larger enterprises entering self-employment; developing measures to ensure continuity in the apprenticeship system; and promoting access for mobile workers to construction jobs elsewhere in the EU, including the UK.
Over the weekend I had a chance to look through the figures in detail, taking both the live register and the most recent quarterly household survey, and two things struck me in particular. First, of those who lost their jobs in the past year almost 50% are under 35 and, second, between two thirds and three quarters of those who became unemployed during that period are male. That probably reflects the downturn in the construction sector but it is terrifying. Has any action been taken to identify the several hundred thousand people in sunset industries whose jobs are at risk due to economic recession? What has been done to provide them with skills to ensure they will be able to find new employment, without having to wait three months, when they lose their jobs? Thus, they will not end up in the dole queues at all.
The first task is to analyse the job losses and quantify the numbers and the second is to determine whether the State is responding by way of putting in place a wide range of support mechanisms to create new jobs or teach the skills required by those who need to upskill to get new jobs. The Deputy's question referred to what the Government is doing to assist young people. There is a range of access programmes for young people to allow them get on to the employment ladder.
There is funding available through Skillnets and other programmes for those who have been identified as at risk to be reskilled, even before they leave employment. These programmes have proven quite successful and are widely supported by the chambers of commerce throughout the country.
The understanding of the county enterprise boards regarding what might happen to local economies is another matter. We need to establish a view on all the programmes that are operating locally to determine their exact impact and weaknesses. The economic climate is changing and we need to respond. It is not as if the programmes are not in place because they are, but they may have to be fine-tuned. We may have to introduce more. The Government understands the position of those who lose their jobs and it and its agencies will do everything possible to ensure employees are sufficiently skilled to take up whatever jobs might be available.
The Minister of State, Deputy Kelleher, referred to the construction industry and those who need to be reskilled by FÁS or introduced to new possibilities within other countries in terms of how they might take up employment or exploit the potential to make money in terms of other developing economies. Work is being done on every aspect of this matter.
11 Deputy Seymour Crawford asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has received or sought legal advice with regard to compatibility of sections 48 and 49 of the Consumer Protection Act 2007 with the payments service directive; and if she will make a statement on the matter. [24016/08]
Sections 48 and 49 of the Consumer Protection Act 2007 sought to restrict the manner in which some traders impose additional charges on consumers solely by reason of the method of payment chosen by the consumer when paying for goods and services.
In the course of public consultation carried out by my predecessor as Minister for Enterprise, Trade and Employment, Deputy Micheál Martin, on the possible impact of these provisions, a number of issues requiring legal advice were raised. These issues related in the main to the compatibility of sections 48 and 49 with the provisions of EU law and in particular with the provisions of the European directive on unfair commercial practices. The Attorney General's strong advice was that sections 48 and 49 were not compatible with the directive, particularly with the maximum harmonisation nature of that directive. Accordingly, my colleague decided not to introduce the said provisions.
The payment services directive, which is due to be transposed into Irish law by 1 November 2009, is essentially the responsibility of my colleague, the Minister for Finance. The Attorney General has advised, however, that sections 48 and 49, as currently drafted, may not be compatible with the provisions of the directive and that any legislation that would seek to restrict payment method charges would have to be considered in the context of the specific discretions given to member states in the directive to introduce laws in this area. In this regard, I understand that the Department of Finance held public consultation on the domestic transposition of the directive, which concluded on 16 May 2008. The results of that consultation are currently being studied with a view to preparing a draft legal text. I am advised by the Department of Finance that no final decisions have yet been taken with regard to any of the national discretions permitted by the directive.
Notwithstanding the legal advice in relation to sections 48 and 49, I remain concerned about the manner in which some traders impose payment method surcharges upon customers, particularly vulnerable customers. In this regard, my Department is currently examining the possibility of making regulations under the Consumer Protection Act 2007 with a view to obliging those traders who do impose payment method charges to include information on those charges in any advertisements for their goods and services. I hope, therefore, it will be possible to introduce regulations in this area to ensure that where payment method charges are imposed, consumers are fully aware of them before making a transactional decision to purchase goods or services.
It is clear from the answer I received from the Minister for Finance that the payment services directive will allow member states to ban surcharges provided doing so does not distort competition — it would not — or benefit inefficient means of payment, such as cash payment. It is clear the directive will empower the Government to ban credit and debit card surcharges. Will the Minister for Enterprise, Trade and Employment confirm this with the Minister for Finance? Will she make a commitment to introducing the necessary legislation to amend the Consumer Protection Act to allow the ban to be introduced once the directive comes into force in November 2009?
The position is that no final decision has been made by my colleague on any national discretions permitted under the payment services directive. I will be having discussions with him on the basis of the legal advice of the Attorney General.
Written Answers follow Adjournment Debate.
