CPC Commission
Competition and Consumer Protection Commission
The National Consumer Agency was established in 2007. This coincided with the implementation of the EU Unfair Commercial Practices Directive and the revised Directive on Misleading Advertisements. The Agency has been amalgamated with the Competition Authority to form the Competition and Consumer Protection Commission in 2014.
The agency was established in order to create a single body to monitor consumer issues and to enforce a wide body of existing consumer legislation, both domestic and derived from the new European Union.
The principal function of the National Consumer Agency was as a watchdog/regulator and enforcer of consumer rights. The 2007 Act conferred new powers of enforcement for both existing and new consumer legislation. The powers conferred include the power to issue prohibition orders, compliance notices and fixed penalty notices.
The Commission is required to maintain and publish lists of persons on whom penalties were imposed, against whom prohibition orders have been made, who have given undertakings or against whom a compliance notice is in force.
Consumer Protection Functions of the Commission
The legislation sets out a wide variety of functions and responsibilities for the Commission. The principal function is the promotion and protection of the welfare of consumers. The Commission is given powers to investigate enforce and encourage compliance with consumer protection legislation.
The Commission may advise and make proposals to Government on updating consumer legislation. It may advise, promote and consult consumer groups and representatives. It may co-operate with other authorities in relation to consumer welfare and consumer protection matters.
The Commission may undertake research and publish its findings in order to promote public awareness. It may conduct information campaigns. It may support the activities of voluntary bodies in relation to consumer protection and welfare
The Commission may encourage promote and establish quality assurance schemes, either at a business or sectoral level. Bodies may submit a code of practice to the Commission for review and approval. The Commission encourages alternative dispute resolution mechanisms, such as mediation in resolving disputes and complaints.
Levies to Finance
The Commission may make regulations prescribing levies to be paid by persons who are subject to regulation under consumer protection legislation. The levy prescribed may relate only to the Commission’s consumer protection role. Regulations may provide for any of the following matters:
- the activities, services or other matters for which specified kinds of levies are payable;
- the persons, or classes of persons, who are required to pay specified kinds of levies;
- the amounts of specified kinds of levies;
- the periods for which, or the dates by which, specified levies are to be paid to the Agency;
- penalties that are payable by a person who fails to pay a levy on time;
- the keeping of records, and the making of returns to the Agency, by persons who are liable to pay a specified levy;
- the collection and recovery of levies.
The Agency may, by proceedings in court, recover as a debt an amount of levy payable under regulations.
Financial Services
The Central Bank has parallel functions to the Commission in relation to unfair practices in the financial services sector. The powers in the Consumer Protection Act in relation to prohibition orders, undertakings and compliance notice also apply to the Central Bank. Compensation orders may be against made against financial services providers convicted of offences in favour of persons who have suffered loss and damage.
A financial services provider who is convicted of an offence may be obliged to publish a corrective statement. The regulator is empowered to maintain and publish a list of financial service providers against whom enforcement procedures have been undertaken. The regulator may publish guidelines which have the same effect as those published by the Commission.
Code of Practice
The Commission may review or approve a code of conduct submitted by a representative body of traders who demonstrate that the code protects consumers and is consistent with the Act and other legislation. An approved code may not be changed without the Commission’s approval.
The Commission may withdraw approval for the code if its implementation fails to protect consumers’ interests or if it does not comply with the legislation.
If a code includes a complaint procedure, the consideration by the Commission of a complaint and an application for a prohibition order or a claim for damages may be deferred, pending the exhaustion of the complaint procedure under the code.
Guidelines
The Commission may issue and publish guidelines on
- matters of consumer welfare or protection;
- practical guidance to traders in relation to commercial practices, whether generally or in a particular trade, business or professional sector;
- the establishment, form, and operation of quality assurance schemes.
The Commission may publish draft guidelines and undertake consultations. The guidelines are admissible in evidence in court and may be taken into account by the court. Failure to comply with the guidelines by itself is not an offence.
Self-Regulatory Bodies
The legislation recognises the role of self-regulatory bodies. The Advertising Standards of Ireland, Standards Authority of Ireland publishes a code (the ASAI Code) and considers complaints based on breach of the code. See the separate sections in relation to this and other codes.
The Directive provides that self-regulation is not to supplant enforcement under the legislation. The Directive requires States to enforce self-regulatory rules and codes against traders who have undertaken to be bound by the applicable codes under the Consumer Protection Act.
CCPC
The Competition and Consumer Protection Act 2014 provides for the establishment of the Competition and Consumer Protection Commission,the dissolution of the Competition Authority and the National Consumer Agency.The Competition is to be independent in the performance of certain functions on establishment (e.g. enforcement).
The Act consolidates into the CCPC, the functions that had applied to the Competition uthority and the National Consumer Agency under their respective statutes. These functions include provisions allowing for
- the promotion of competition,
- promotion and protection of the interests and welfare of consumers,
- enforcement of and ensuring compliance with relevant statutory provisions,
- investigating suspected breaches of relevant provisions (including breaches of Articles 101 and 102 of the Treaty on the Functioning of the European Union),
- setting the strategic objectives of the CCPC,
- advising Government, the Minister
- for Jobs, Enterprise and Innovation and any other Minister or public body in relation to any matter (including legislation) likely to impact on consumer protection and welfare or competition,
- promotion through public awareness and information campaigns, promotion of the development of alternative dispute resolution procedures as a means of resolving disputes arising out of certain consumer transactions, preparation of guidelines,
- reviewing and approving certain codes of practice,
- promotion of the interests of consumers of financial services, co-operation with similar bodies (either in the State or beyond),
- undertaking relevant research,
- supporting (if deemed appropriate by the CCPC) voluntary bodies whose activities cover consumer protection and welfare or competition, and
- carrying out studies on any issue relating to consumer protection and welfare or competition (either at the request of the Minister for Jobs, Enterprise and Innovation or on its own initiative).
CCPC Powers
The Minister for Jobs, Enterprise and Innovation may request the CCPC to carry out studies or analyses into issues that come under its remit.
The Commission has supplementary powers in respect of its financial information and education functions including undertaking studies, analyses and surveys with respect to the provision of financial services to consumers. These powers include compelling persons to provide information or to appear in person before the Commission. Any person causing an obstruction in this regard is guilty of an offence and on conviction may be fined or imprisoned or both.
The CCPC has a role in reviewing and submitting proposals for legislation relating to consumer protection and welfare and competition issues and also gives the Minister for Jobs, Enterprise and Innovation the power to consult the CCPC in relation to legislative proposals for consumer protection and welfare and competition.
The CCPC has investigative powers including the power to summons witnesses, examine witnesses on oath, requiring witnesses to produce records, etc. It is an offence
- to give false or misleading information to the CCPC,
- to fail to attend as a witness before the CCPC following a summons to attend,
- to refuse to take an oath or produce records when requested to do so by the CCPC or
- to engage in any activity that would be deemed to be contempt of court (if the Commission were a court with powers to commit for contempt of court).
Relationship with Other Bodies
The CCPC may enter into co-operation agreements with a number of other prescribed bodies mainly sectoral regulators (e.g. the Commission for Aviation Regulation, the Commission for Communications Regulation, the Commission for Energy Regulation or the Health Insurance Authority) to facilitate co-operation in the areas of consumer protection and welfare and competition, avoid duplication of activities, help ensure consistency between decisions made by the bodies and engage in joint studies.
The agreements shall be in writing and that the relevant Ministers be copied with the agreements. Other bodies may be added to the list of specified bodies by the Minister for Jobs, Enterprise and Innovation in consultation with other relevant Ministers.
The Minister may give general policy directions to the Commission in relation to the performance of its functions (with the exception of the functions reserved to the CCPC e.g. enforcement functions) which the Commission shall comply with and lay copies of those written directions before each House of the Oireachtas.The CCPC may agree arrangements for the exchange of information with similar bodies abroad.
There may be disclosure by the CCPC to named bodies of information relating to offences and provides for those bodies to disclose information in relation to the commission of an offence under the relevant statutory provisions to the CCPC.
The Commission
A member of the Competition Authority or the Chief Executive Officer (CEO) of the National Consumer Agency shall be a member of the new Commission. The Chairperson of the Competition Authority became the Chairperson of the Commission on the establishment day.
The Commission consists of a Chairperson and between 2 and 6 whole-time members which, must be appointed by the Minister following recruitment in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 for a fixed term period of no more than 5 years.
Members are eligible for reappointment. THere are provisions for the appointment of temporary members by the Minister for an aggregate period of not more than 12 months where vacancies arise, for the resignation of members and for the removal of members in certain circumstances.
Members of the CCPC, including the Chairperson, a member of staff of CCPC and authorised officers, may be indemnified by the CCPC against all actions or claims in respect of the discharge by them of their duties provided such duties were discharged in good faith.
The chairperson of the CCPC is to manage and control the general administration of the Commission. There are provisions for the meetings and procedures;They provide that the quorum for a meeting shall be 3 (unless otherwise directed by the Minister), that the Commission can meet even if vacancies exist at member-level and that every question, on which a vote is required at the meeting of the Commission, shall be determined by a majority of the votes of those members present: the Chairperson will have a casting vote in the case of a tie.
The chairperson of the CCPC is accountable to the Public Accounts Committee. The chairperson is also accounatble to other Oireachtas Committees.
The CCPC may appoint its own staff on terms and conditions to be determined by the CCPC with the consent of the Minister for Jobs, Enterprise and Innovation and the approval of the Minister for Public Expenditure and Reform.
The CCPC shall prepare a scheme(s) for the granting of superannuation benefits. The CCPC shall submit a strategy statement to the Minister for Jobs, Enterprise and Innovation every 3 years (including the information to be included in the strategy) which the Minister will cause to be laid before the Houses of the Oireachtas.
CCPC Actions
It also provides that the CCPC will publish this strategy on the internet as soon as practicable after the strategy statement has been laid before the Houses of the Oireachtas. The CCPC will provide a work programme annually to the Minister. The Minister may also issue directions or guidelines to the CCPC concerning the preparation of that programme with which the CCPC shall comply.
The CCPC shall furnish Annual Accounts which the Minister will cause to be laid before the Houses of the Oireachtas. The CCPC is to furnish an Annual Report which the Commission will publish, as soon as practicable, after it has been laid before the Houses of the Oireachtas by the Minister.
CCPC Enforcement
There is protection for persons who report breaches of relevant statutory provisions and provides for offences for false reporting of alleged breaches. There is a procedure for dealing with claims of legal privilege.
The CCPC may appoint authorised officers. It is an offence for
- anyone falsely representing themselves as an authorised officer
- anyone obstructing or impeding an authorised officer in the course of his/her duties, failing to comply with a request or requirement of an authorised officer without reasonable excuse or supplying false or misleading information to an authorised officer.
An authorised officer may serve a summons in certain cases.
There are powers for authorised officers in relation to their functions relating to non-competition law offences including consumer protection and grocery goods provisions and largely replicates many of the powers set out in the Consumer Protection Act 2007.
There are powers for authorised officers in relation to their functions relating to competition law offences and largely replicates many of the powers set out in the Competition Act 2002. It also provides that an authorised officer may attend, with a member of An Garda Síochána, any questioning of a suspect and participate in any such questioning. There is power to use recordings as evidence in trials, analogous to those set in the Criminal Justice Act 2007.
Commission for Communications Regulation is added to the list of relevant bodies that can seek undertakings to be made a rule of Court.
Undertaking means a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the production, supply or distribution of goods or the provision of a service and, where the context so admits, shall include an association of undertakings.”
‘competing undertakings’ means undertakings that provide or are capable of providing goods or services to the same purchaser or purchasers.”
Where the competent authority seeks relief by way of interim or interlocutory injunction, the Court shall not, save in exceptional circumstances, as a condition of granting the injunction, require the competent authority to lodge an undertaking in respect of damages with the Court. An action may be brought in the Circuit Court or in the High Court.
References and Sources
Irish Texts
Consumer Law Rights & Regulation Donnelly & White (2014)
Consumer Protection Act 2007 Annotated Bird (2008)
Consumer Rights Long (2004)
Commercial & Consumer Law: Annotated Statutes O’Reilly, P (2000)
UK Texts
Consumer Sales Law: The Law Relating to Consumer Sales and Financing of Goods 3rd ed
John MacLeod, James Devenney (2019)
Electronic Consumer Contracts in the Conflict of Laws 2nd ed Zeng Sophia Tang (2018)
The Law of Consumer Redress in an Evolving Digital Market: Upgrading from Alternative to Online Dispute Resolution Pablo Cortes (2017)
Blackstone’s Statutes on Commercial & Consumer Law 2017-2018 Francis Rose
Consumer and Trading Standards: Law and Practice 2017 Bryan Lewin, Jonathan Kirk
Woodroffe and Lowe’s Consumer Law and Practice Woodroffe and Lowe’s Consumer Law and Practice 10th ed Geoffrey Woodroffe, Chris Willett, Christian Twigg-Flesner (2016)
Butterworths Trading and Consumer Law Looseleaf Annual Subscription Deborah L. Parry, Roland Rowell (2016)
Butterworths Commercial and Consumer Law Handbook 8th ed Richard B. Mawrey, Tobias Riley-Smith (2015
Consumer and Trading Standards: Law and Practice 4th ed
Legislation
Sale of Goods Act 1893 56 & 57
Sale of Goods and Supply of Services Act 1980
The 2011 Report of the Sales Law Review Group,
Consumer Protection Act 2007 19/2007
Competition and Consumer Protection Act 2014 29/2014
Orders Re Price Display (retained
Prices Act 1958.
Prices (Amendment) Act 1965
Prices (Amendment) Act1972
Orders made under Prices Acts 1958 and 1965 were carried over on repeal of the 1958 and 1965 Acts by 19/2007
Prices and Charges (Tax-inclusive Statements) Order 1973, S.I.
Charges (Hairdressing) Display Order 1976, S.I. No. 156 of 1976
Retail Prices (Food in Catering Establishments) Display Order 1984, S.I. No. 213 of 1984
Consumer Information (Advertisements) (Disclosure of Business Interest) Order 1984, S.I. No. 168 of 1984417
Consumer Information (Advertisements For Concert Or Theatre Performances) Order 1997, S.I. No. 103 of 1997
Retail Price (Diesel and Petrol) Display Order 1997, S.I. No. 178 of 1997
Retail Price (Beverages in Licensed Premises) Display Order 19/2007
Consumer Information Act Orders
Consumer Information (Advertisements For Airfares) Order 2000, S.I. No. 468 of 2000
Consumer Protection Act 2007 (Commencement) Order 2007,S.I. No. 178 of 2007
Consumer Protection Act 2007 (Establishment Day) Order 2007,S.I. No. 179 of 2007
Consumer Protection (Fixed Payment Notice) Regulations 2007,S.I. No. 689 of 2007
Consumer Protection Act 2007 (National Consumer Agency) Levy Regulations 2011, S.I. No. 560 of 2011
Consumer Protection (Consumer Information) (Articles of Precious Metals) Regulations 2012, S.I. No. 143 of 2012
Consumer Protection Act 2007 (National Consumer Agency) Levy Regulations 2012, S.I. No. 435 of 2012
Consumer Protection Act 2007 (National Consumer Agency) Levy Regulations 2013, S.I. No. 409 of 2013
Consumer Protection Act 2007 (National Consumer Agency) Levy Regulations 2014, S.I. No. 458 of 2014
Consumer Protection Act 2007 (Competition and Consumer Protection Commission) Levy Regulations 2015, S.I. No. 457 of 2015
European Communities (Cooperation Between National Authorities Responsible for the
Enforcement of Consumer Protection Laws) Regulations 2006, S.I. No. 290 of 2006 [Minister
European Communities (Cooperation Between National Authorities Responsible for the
Enforcement of Consumer Protection Laws) (Amendment) Regulations 2008, S.I. No. 316 of 2008 European Communities (Single-Member Private Limited Companies)European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) (Amendment) Regulations 2010, S.I. No. 370 of 2010
European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010, S.I. No. 555 of 2010
European Union (Protection of Consumers in respect of Timeshare, Long-term Holiday Product, Resale and Exchange Contracts) Regulations 2011, S.I. No. 73 of 2011
European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2012, S.I. No. 485 of 2012 [
European Union (Public Limited Companies) (Directive 2012/ European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2013, S.I. No. 122 of 2013
European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2013, S.I. No. 160 of 2013
European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) (No. 2) Regulations 2013, S.I. No. 200 of 2013
European Union (Consumer nformation, Cancellation and Other Rights) Regulations 2013, S.I. No. 484 of 2013
European Union (Consumer Information, Cancellation and Other Rights) (Amendment) Regulations 2014, S.I. No. 250 of 2014
European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2014, S.I. No. 336 of 2014
European Union (Protection of Consumers in respect of Timeshare, Long-term Holiday Product, Resale and Exchange Contracts) (Amendment) Regulations 2014
European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015, S.I. No. 343 of 2015
European Union (Alternative Dispute Resolution for Consumer Disputes) (No. 2) Regulations
2015, S.I. No. 368 of 2015
European Union (Traded Companies — Corporate Governance Statements) Regulations 2015, S.I. No. 423 of 2015
European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015, S.I. No. 500 of 2015
European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2016, S.I. No. 32 of 2016
European Union (Consumer Information, Cancellation and Other Rights) (Amendment) Regulations 2016, S.I. No. 336 of 2016
Competition and Consumer Protection Act 2014 (Commencement) Order 2014, S.I. No. 366 of 2014
Competition and Consumer Protection Act 2014 (Establishment Day) Order 2014, S.I. No. 367 of 2014
Consumer Protection Act 2007 (Grocery Goods Undertakings) Regulations 2016, S.I. No. 35 of 2016
Consumer Protection Act 2007 (Competition and Consumer Protection Commission) Levy Regulations 2016, S.I. No. 479 of
2016
District Court (Consumer Protection Act 2007) Rules 2009, S.I. No. 106 of 2009
European Communities (Unfair Terms in Consumer Contracts) Regulations 1995, S.I. No. 27 of 1995 [
European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2000, S.I. No. 307 of 2000
European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003, S.I. No. 11 of 2003
European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) (Amendment) Regulations 2005, S.I. No. 71 of 2005
European Communities (International Financial European Communities (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006, S.I. No. 290 of 2006
European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004, S.I. No. 853 of 2004
Circuit Court Rules (Consumer Protection Act 2007) 2008, S.I. No. 585 of 2008
European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010, S.I. No. 555 of 2010
European Communities (Unfair Terms in Consumer Contracts) Amendment) Regulations 2013, S.I. No. 160 of 2013
European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, S.I. No. 484 of 2013
European Union (Consumer Information, Cancellation and Other Rights) (Amendment) Regulations 2014, S.I. No. 250 of 2014
European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2014, S.I. No. 336 of 2014
European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015, S.I. No. 343 of 2015
European Union (Alternative Dispute Resolution for Consumer Disputes) (No. 2) Regulations 2015, S.I. No. 368 of 2015
European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015, S.I. No. 500 of 2015
European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2016, S.I. No. 32 of 2016
European Union (Consumer Information, Cancellation and Other Rights) (Amendment) Regulations 2016, S.I. No. 336 of 2016