I propose to take Questions Nos. 405 to 410, inclusive, together.
The Industrial Research and Standards (Fire Safety) (Domestic Furniture) Order, 1995, S.I. 316 of 1995, regulates the fire safety aspects of furniture which also includes bedding. The objective of the order is to ensure that domestic furniture is designed, manufactured and constructed to a particular standard so as not to endanger persons or property. Furniture is accepted as complying with this order if it has been manufactured to IS 419:1988 or its equivalent European or individual EU member states standards and has been certified as such by the competent authority in the member states of manufacture. The order also applies to furniture imported from non-EU countries.
The Director of Consumer Affairs has responsibility for enforcing this order and is independent in discharging this function. The Office of the Director of Consumer Affairs has an authorised complement of 20 inspectors involved in enforcing approximately 80 items of legislation. While inspectors are not allocated specific legislation, the work of the inspectorate is determined by reference to the risks posed to consumers and the availability of resources at any given time. The table sets out the number of investigations carried out each year between 1995 and 1998.
Year
|
Number of Investigations
|
1995
|
7
|
1996
|
6
|
1997
|
8
|
1998
|
2
|
Investigations ceased in 1998 following receipt of legal advice by the Director of Consumer Affairs that indicated that the director's powers to investigate offences under the order were deficient. The director's power to prosecute offences under the regulations was not affected. The legal deficiency was confirmed by the advice of the Attorney General. Since then, my Department has sought an appropriate opportunity to have amending legislation introduced in Bills before the Oireachtas. I am pleased to inform the Deputy that the director's investigative powers have been restored by virtue of the recent passage of the Safety, Health and Welfare at Work Bill 2004 through the Houses of the Oireachtas, section 89 in particular. The Bill was signed by the President on 22 June 2005 and it is proposed that the necessary commencement order will be signed shortly.
The Director of Consumer Affairs has informed me that while she has not received any consumer complaints relating to products covered by the order since 2003 a small number of manufacturers have complained that compliance with the order puts them at a competitive disadvantage. These companies have also alleged that certain imported products are not compliant with the order. The director has indicated that, following the restoration of her investigative powers, the order will be enforced in a manner commensurate with the risks posed to consumers and within resources available to her. The director has also indicated that complaints made in relation to this issue will be fully investigated.