Consumer Protection.

Dáil Éireann Debate, Tuesday - 22 June 2004

Tuesday, 22 June 2004

Ceisteanna (111)

Mary Upton

Ceist:

102 Dr. Upton asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the practices of a person (details supplied) and the concerns expressed that vulnerable persons are being manipulated by this person; if she has satisfied herself with the regulatory regime in place here in order that allegations of manipulation of persons in this manner can be satisfactorily investigated and sanctions made when appropriate; her views on whether in respect of whether these allegations are true, there is a regulatory vacuum in this area; her plans to bring forward legislation to deal with this type of concern; and if she will make a statement on the matter. [18547/04]

Freagraí scríofa

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The current legislative regulatory framework for consumer protection makes provision for false trade descriptions. Section 2 of the Consumer Information Act 1978 makes it an offence to apply a false trade description to a product. These offences are prosecuted by the Director of Consumer Affairs. In addition, the consumer has rights under the Sale of Goods and Supply of Services Act 1980 regarding breaches as to the warranty of a particular product.

At the competitiveness Council on 18 May 2004 the unfair commercial practices directive received political agreement. This measure will create harmonised rules for the protection of consumers against misleading, unfair or aggressive practices which harm consumers economic interests.

The directive contains a list of practices which are considered at all times unfair and consequently prohibited. One of these banned practices is "falsely claiming that a product is able to cure illness, dysfunction or malformation". This directive will probably be formally adopted by the Council later this year after which it will be transposed into Irish law.