Select Committee on Enterprise and Economic Strategy díospóireacht -
Wednesday, 6 Jul 1994

SECTION 27.

Mrs. O'Rourke

I move amendment No. 97:

In page 23, subsection (1), line 6, to delete "or which is false or misleading".

This section provides that no person may display, publish or cause to be displayed or published any advertisement which does not comply with the advertising provisions of the Bill. The amendment deals with subsection (1), line 6, of the section dealing with misleading advertising. This takes up a point which was raised in some of our discussions this morning. It implements a Council directive of 10 September 1981 and empowers the Director of Consumer Affairs, on a request being made to him or on his own initiative, to request any person engaging or proposing to engage in any advertising which is misleading to discontinue or refrain from such advertising. Deputy Bruton referred to the need for greater discretion in the powers of the director. He also asked what were the punitive measures to be taken if a person does not comply with this regulation. The director may apply to the High Court for an order prohibiting the publication of the misleading advertising.

Mr. R. Bruton

Is the Minister deleting these words because the other Act deals with them?

Mrs. O'Rourke

Yes.

Mr. R. Bruton

I accept that. My only remaining concern relating to the role of the director is that there can be a gap between what one might establish in the High Court as false and misleading and what one would like to see as good practice.

Mrs. O'Rourke

I believe there is a later amendment relating to the code of practice.

Mr. R. Bruton

That will be an issue later on.

Mr. Flood

On section 27, will the Minister indicate if any culpability will apply to the media owners who——

Mrs. O'Rourke

Promulgate the advertisement.

Mr. Flood

Exactly, and where it is brought to their attention through complaint or otherwise that there is an infringement of the legislation, will they carry any responsibility? I believe they should but I am not in a position to indicate at this time how the Minister might tackle that problem in this or other legislation. There have been examples in the past, however, where there has been blatantly misleading advertising and even when it was brought to the attention of those who claim to be in a position of influence within the media organisation in particular, no real action was taken to correct the misleading information. This is a matter which the Minister will have to consider carefully in the light of section 27 and what she is rightly trying to achieve.

Mrs. O'Rourke

This Bill does not allow the action of which the Deputy speaks but the door that will open by the passing of this Bill will highlight the need for that. I understand that if one were taking a libel case against a newspaper which had, perhaps unwittingly, written something which was later proven to be utterly scandalous — the same applies to oral or aural media — the newspaper would be deemed to have be been responsible for that act. This Bill does not allow for that but perhaps it will be covered at some stage in the future. The media organisations will have to become more watchful in regard to this area.

Amendment agreed to.

Section 27, as amended, agreed to.

Section 28 agreed to.

SECTIONI 29.

Mr. R. Bruton

I move amendment No. 98:

In page 23, subsection (1), line 35, after "with" to insert "the Director,".

In this section the Minister is proposing to make additional specifications at a later date in relation to advertising of credit. The Minister is proposing to consult with the Minister for Finance and the Central Bank and I am proposing that we should require consulation with the Director of Consumer Affairs, as the person who is at the coalface dealing with consumers and advertisements. It is logical that the Minister should consult with the Director of Consumer Affairs, as one of the main players on behalf of the consumer, if she is considering specifying new forms or contents for advertisements.

Mrs. O'Rourke

I see the point in Deputy Bruton's amendment. In the normal course of events, the director plays a large role in the whole consultation process and any regulation or stipulation being made under any consumer legislation is only done through him and with him. While the proposed amendment might seem superfluous, I have no difficulty if the reason for it is the additional involvement of the director.

Acting Chairman (Mr. Lawlor)

Is the Minister accepting Deputy Bruton's amendment?

Mrs. O'Rourke

Yes, I am.

Mr. R. Bruton

It is proper to accept this amendment because the Minister for Finance might be the person implementing the change which might then go through without any consultation with the director.

Mrs. O'Rourke

I ask the Deputy to bear in mind that there is the widest consultation anyway but if this amendment makes such consultation more likely to be entertained, I accept it.

Mr. R. Bruton

I thank the Minister.

Amendment agreed to.

Section 29, as amended, agreed to.