Menu
VideoParliament
VideoParliament Irish politics in one place — download the app
Get app
VideoParliament
VideoParliament for Windows Get the desktop app — notifications about new speeches
Get app
Carol Nolan on consumer rights bill, agri concerns and rural broadband

Carol Nolan on consumer rights bill, agri concerns and rural broadband

Carol Nolan spoke about a wide-ranging consumer rights bill, welcoming provisions that strengthen remedies for incorrect installation and repair while raising concerns about enforcement and protections for the agri sector and rural digital services. She supported stronger consumer remedies in key sections but urged that regulators must have effective powers and that farmers and rural families should not be overlooked.

Praise for installation and repair provisions


Section 19 on remedies for incorrect installation and section 25 on repair or replacement were highlighted as particularly welcome. Nolan noted that incorrect installation will constitute lack of conformity where the trader is responsible and praised the requirement that repair or replacement be free, within a reasonable time and without significant inconvenience to the customer.

Balance of trader and consumer protections


She welcomed the bill's recognition that traders also need proportionate protection, pointing to section 28 which deals with consumer obligations on termination of sales contracts. Nolan emphasised that the majority of traders are hardworking and that the law should balance consumer rights with fair protections for traders.

Enforcement powers and the agri sector


Nolan noted the bill's amendment to the Consumer Protection Act 2007 to strengthen the enforcement powers of the Competition and Consumer Protection Commission. She raised concerns that the Unfair Trading Practices (UTP) Directive, while transposed, does not address below-cost selling and questioned how farm families are protected when they are also consumers and suffer rising input costs and below-cost buying by multiples.

Digital content remedies and rural connectivity


She drew attention to section 60 on remedies for failure to supply digital content or a digital service, citing the experience of many rural families. Nolan argued it is unfair for families to pay monthly fees for intermittent services and expressed hope the bill will provide positive remedies for those facing poor WiFi or patchy connections in rural Ireland.

Carol Nolan — frame from remarks: Carol Nolan on consumer rights bill, agri concerns and rural broadband (11.05.2022)

Calls for stronger regulators and broader protections


Throughout the speech Nolan urged that regulators be given the teeth to enforce protections and that consumer interest protections be applied broadly - including to those in the agri sector and rural communities. She framed these points as necessary to make the bill a practical improvement to everyday life for consumers and traders alike.

We publish thousands of recordings to make Irish politics transparent and resistant to manipulation. Spotted an error? Report it — together we are building a reliable archive of Irish politics.

Tego samego dnia All speeches from this day →

Transcript
It is certainly a very wide-ranging and complex bill seeking as it does to consolidate and update the legislative provisions that regulate the main types of consumer contract. There are certainly sections of this bill that are very welcome and will make a real practical difference to people in everyday life. For example, section 19 which deals with the provision of remedies for the incorrect installation of goods. The bill makes it clear that an incorrect installation of goods will result in a lack of conformity of the goods with the sales contract where the installation was carried out under the trader's responsibility. I certainly welcome that piece because we are all aware here of cases where people have been left high and dry after handing over significant amounts of money only to have the goods they purchased damaged at the point of installation. Obviously most decent and conscientious traders look after their customers and reputation is important to them, but there are elements out there that seek to take advantage and unfortunately we are hearing more and more of that. I also think that section 25 of the bill on repair or replacement of goods is a welcome and pragmatic move as it provides that a trader must ensure repair or replacement is carried out free of charge within a reasonable time period and without any significant inconvenience to the customer. Again, those safeguards are very, very necessary and very welcome. Again, this will strengthen people's rights in this area and I do think that that is very, very positive, particularly as there is a balancing part in section 28 which deals with the obligations of consumer in event of termination of sales contract. The majority of traders are, as I said, hard-working and decent people and they too need proportionate protection of the law. I see Minister that the bill will also amend the Consumer Protection Act 2007 which will strengthen the enforcement powers of the Competition and Consumer Protection Commission. This is an approach that was badly lacking for many years and particularly in the agri sector which was left very exposed. If we are going to have regulators then they better have teeth and the ability to actually do their job and make a difference. In the context of the agri sector, I accept that we now have the Unfair Trading Practices UTP Directive which has been transposed into Irish law. But I see from a recent ministerial reply that the Directive does not and will not address below-cost selling as it was considered that legislation dealing with this issue had acted against the interests of consumers. I understand that there were also difficulties in terms of enforcement. I would have some concerns around that particular approach. If government is intent on protecting consumer interests then it must do so in the round and are farmers not consumers? We have to remember that farm families also purchase goods and that these costs are increasing all of the time as input costs soar. But when they go to sell their goods or products they are not protected by the same consumer protections in terms of value for money. I would ask why is that the case and how is it right that we have that type of situation? Why must farmers have to endure disproportionate levels of below-cost selling by the multiples? I know this bill does not deal directly with this particular issue but I do want to raise it and highlight the fact that if we are going to be serious about protecting the rights of consumers and traders then we should try and spread the net to include those in the agri sector also. One last issue that I want to raise Minister is dealt with in section 60 of the bill, the remedy for failure to supply digital content or digital service. We all know that there are very many families in rural Ireland who continue to endure poor or at best patchy WiFi services and connections. Is it really fair to expect a family to pay a monthly fee for a service that should be enabling them to access a digital service or digital content on an intermittent basis? I really do hope that this bill will provide some positive remedy for such families who more often than not have to just endure poor services because of the lack of alternatives. Thank you. Thank you very much. I'm happy to ask the next question. Thank you. Thank you. Thank you, Madam Chair. Thank you. Thanks, Madam Governor. Thank you. Thank you. Thank you very much. Thank you. Thank you. Thank you.