I propose to take Questions Nos. 480, 482 and 523 together.
Legislation along the lines referred to in the Deputies’ questions has been on the statute book in Ireland for some time.
The European Communities (Cancellation of Contracts Negotiated Away From Business Premises) Regulations 1989 (S.I. No. 224/1989) give effect to Directive 85/577/EEC on Contracts Negotiated Away from Business Premises, and give consumers a right to cancel contracts for goods or services concluded during unsolicited visits to the consumer’s home or place of work or during an excursion organised by the trader away from his business premises. This right must be exercised within seven days of the making of the contract. The Regulations further specify the information to be provided by the trader on the consumer’s right of cancellation. The Regulations do not apply to contracts with a value of less than €50 and to certain other specified contracts.
The European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communications) Regulations 2001 (S.I. No. 207 of 2001) give effect to Directive 97/7/EC on Distance Contracts and apply to consumer contracts concluded by mail, e-mail, telephone or online. The Regulations give consumers a period of seven days in which to cancel such contracts and also specify the information, including information on the consumer’s right of cancellation, which the trader must provide prior to the conclusion of the contract. Certain specified contracts are outside the scope of the Regulations and the right of cancellation. The European Communities (Distance Marketing of Consumer Financial Services) Regulations (S.I. No. 853 of 2004) provide for a cancellation period of 14 to 30 days for distance contracts for financial services.
Directives 85/577/EEC and 97/7EC are due to be replaced by Directive 2011/83/EU on Consumer Rights. The new Directive requires traders engaged in the supply of goods or services on a distance or off-premises basis to provide a broader range of information to consumers, extends protections to visits by the trader to the consumer’s home or place of work solicited by the consumer, and increases the duration of the period within which contracts can be cancelled from seven to fourteen days. My Department published a consultation paper on the implementation of the Directive in May 2013, and this can be accessed at http://www.djei.ie/publications/commerce/2013/CRD.pdf. Member States are required to transpose the new Directive by 13 December 2013 and to apply it from 13 June 2014.