Written answer
Consumer Rights
1064. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Tourism and Employment if he will confer with his counterpart at the Department of Culture, Communications and Sport to determine whether a regulatory gap exists between the CCRU and ComReg for a particular case (details supplied); and to advise with reference to the relevant policy and legislation which body should be responsible for this case. [62742/26]
Comment on this
The Competition and Consumer Protection Commission (CCPC) and Commission for Communications Regulation (ComReg) have a formal co-operation agreement in place to share information where there is an overlap in regulatory areas. This agreement sets out the concurrent powers under legislation between the CCPC and a sector regulator.
The CCPC is the statutory body responsible for enforcing and promoting compliance with competition, consumer protection and product safety law. One of the roles of the CCPC is to provide impartial information on consumer rights and personal finance matters that empower consumers to take action for themselves. The CCPC cannot mediate on behalf of a consumer or become involved in individual disputes.
Where a consumer contacts their service in relation to an issue that may also be relevant to another government body, as in this case where ComReg is referenced, the CCPC will signpost the consumer to that organisation advising that they may be able to support further.
A consumer’s rights in relation to the Consumer Rights Act 2022 state that any service supplied must follow the service contract. Under the Act, traders must comply with terms of the contract as agreed with the consumer and be fit for purpose. Where a problem arises, they must remedy the issue free of charge, within a reasonable time and without any significant inconvenience to the consumer.
In addition, the trader must supply a service with reasonable care and skill, and any digital services provided must be fit for purpose.
Consumer rights in instances where streaming recordings are gone and cannot be reinstated, may qualify for either a proportionate reduction in the price of the service, or a right to terminate the contract and be provided with a refund.
ComReg is the statutory body responsible for the regulation of the electronic communications sector with a wide range of responsibilities including telecoms, posts and spectrum management. They are responsible for facilitating competition, protecting consumers and for encouraging innovation in that context. The Communications Regulation Act, 2002 (as amended), established ComReg and the Commission operates under the aegis of the Department of Culture, Communications and Sport.
I note form the Deputy’s supplied information that the constituent has also contacted ComReg regarding this issue.