The Irish Times view on consumer rights in Ireland: transparency in pricing vital
The least consumers should expect from retailers is honesty and transparency when it comes to product pricing. This is of particular importance during sales windows, when shoppers can be particularly vulnerable to manipulation.
In a blizzard of promotional promises it can be difficult for the public to assess if deals on the table are real, or if the figures have been massaged to exaggerate the scale of the bargains.
Sales pricing legislation introduced in 2022 requires traders to base discounts on the lowest price over a 30-day period before a sale begins and to display that lower price clearly - in essence it stops retailers hiking prices briefly in the run-up to a sale, before slashing them to suggest bigger savings.
The early tests of the legislation have found some retailers wanting. Last week in the Dublin District Court,
Boots admitted breaching the legislation
following an online pricing sweep conducted by the Competition and Consumer Protection Commission (CCPC) in November 2023.
READ MORE
That sweep pinpointed three products that were listed as being on sale at prices that were either higher or at the same level as they had been at in the days leading up to a Black Friday sale. In erring in such a fashion, the pharmacy joined Lifestyle Sports, DID Electrical and Rath-Wood Home and Garden World who were before the courts in March.
Boots expressed regret for the pricing anomalies which they attributed to human error and pointed out that the products represented a minuscule fraction of what was on promotion at the time the CCPC conducted its investigation. And no doubt this was indeed the case.
While the transgressions were limited in scale, the CCPC deserves credit for taking the actions which should serve as a warning to others. The shops will no doubt wish they had not made headlines in such a fashion but ultimately, they and other retailers as well as consumers will benefit from the knowledge the system is slowly becoming more robust and more transparent.
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Irish Times
an hour ago
- Irish Times
Oireachtas should slam down gavel on judges' planned 16.7% injury awards hike
The introduction in April 2021 of judicial guidelines on personal injury awards had an immediate and sharp effect – with the median value of compensation awarded by the Injuries Resolution Board (IRB) falling 46 per cent to €10,000 in the eight months that followed. The guidelines were also aimed at creating more consistency in awards, regardless of whether they were resolved directly with an insurer, the IRB, or through the courts. The problem is, there is no comprehensive data available from the courts on awards – not helped by a dearth of written judgments at District and Circuit Court levels – for anyone to make such an assessment. Either way, an all-too-high number of claimants – encouraged, no doubt, by their lawyers – continue to think they can fare better going down the legal route than settling through the IRB. Figures published by the board last month show that while the motor crash claimants consenting to being assessed by the IRB in the first instance rose from 62 per cent to 78 per cent between 2020 and last year, the acceptance rate of awards from the board fell marginally, to 47 per cent. [ Judges expected to support draft guidelines for 16.7% rise in personal injuries awards Opens in new window ] The board of the judicial council, required by law to review the guidelines every three years, proposed in December that payouts increase by 16.7 per cent. This was adopted by the council of the State's judges in late January and passed over to the Minister for Justice Jim O'Callaghan, who must put the amendments before Houses of the Oireachtas for approval. READ MORE There is an expectation that the minister will bring the proposal before the Oireachtas before the summer recess. The planned blanket hike has been met with resistance from insurers and business lobby groups, who know that the increase will be passed directly on to consumers and companies. Motorists, who had seen insurance premiums fall by 25 per cent between 2017 and 2022, have already stomached rate increases in more recent years as car parts and labour inflation have driven up damage costs. The guidelines review was a crude exercise, with the committee of judges that carried it out applying the general Irish inflation rate to existing awards guidelines. The judicial council even said at the time that the committee 'did not find it possible to carry out any meaningful analysis of the quantum of court awards given under the guidelines that might inform this review'. Nor does there appear to have been any regard given to what's going on elsewhere. The going rate under the existing guidelines for minor neck injuries, where recovery is made within six months, is up to €3,000, 5½ times higher than that in the UK – where awards are among the highest in Europe. [ Is going to court worth it for personal injuries claimants? A lawyer and insurer go head to head on the issue Opens in new window ] 'The large disparity is before the 16.7 per cent increase proposed by the judicial council, which, if introduced, will make the gap even larger,' Aviva Insurance Ireland said in submission last month to the Department of Finance, which is weighing further insurance reforms. 'Comparing Aviva's claims in the UK and Ireland, attritional claims like whiplash represent 30 per cent of the cost of motor insurance premium in Ireland compared to 10 per cent of premium in the UK in 2024 and lower still in Europe.' TDs and senators should reject the planned amendments and push it back to the judiciary to go back to the drawing board. Their key role was inadvertently copper-fastened by a Waterford woman, Bridget Delaney, who mounted a challenge three years ago against the constitutionality of the guidelines. The Supreme Court ruled in April last year that it had been, indeed, unconstitutional to give the judicial council the power to set personal injury guidelines. However, the fact that the initial guidelines were subsequently independently approved by legislators gave them legal effect. The unsophisticated way that the judiciary has gone about reviewing the guidelines suggests they need some help. The IRB argued in its submission to the Department of Finance consultation said that judicial council be required to liaise with it on any future amendments. 'The board's expertise, practical experience, and annual assessment of nearly 10,000 cases annually would meaningfully contribute to the continued relevance, fairness, and effectiveness of the guidelines,' it said. Various submissions called for future guidelines to be benchmarked against European countries. 'Legal expenses and award levels for lower-value claims remain disproportionately high and are not aligned with those observed in the UK and other European jurisdictions,' said German insurance giant Allianz's Irish unit. A number, including the Alliance for Insurance Reform, a lobby group for business and civic organisations, and the IRB said the current requirement that the guidelines be reviewed very three years does not allow them to be embedded. 'Under the current guidelines model, there could be several versions of the guidelines in use dependent on whether a claim has already been assessed or if legal proceedings have been initiated,' said the IRB, which reckons it should be extended to every five years. 'A situation cannot exist whereby the same injury, the same claim, that has been rejected within the Injuries Resolution Board goes into the court system and a different set of guidelines is used to value compensation.' While the setting up of the IRB back in 2004 (then known as the Personal Injuries Assessment Board) was meant to do away with the need for solicitors, 95 per cent of claimants that end up before it are represented by lawyers. The board suggests legal fees now need to be brought into cases its handles. 'The board is aware that in some cases the issue of legal fees becomes an impediment to the acceptance of an IRB award,' it said. There's disquiet in Government, too, about the judges' review process. Minister for Finance Paschal Donohoe is known to have expressed concern to the Minister for Justice about the knock-on effect of such a large hike to businesses and households. Colm Brophy, Minister of State at the Department of Justice, told the Seanad last month that his boss is looking at what legislative amendments 'can be made to make further reviews of the personal injuries guidelines more inclusive and transparent'. This may include 'making changes to the mechanism and the timing of future reviews of the guidelines', he said. This will not go down well with the judiciary. But it has only itself to blame.
Irish Times
5 hours ago
- Irish Times
Nurse who died running Edinburgh half marathon left ‘an indelible mark'
The requiem mass of a young nurse from Clare who died after participating in the Edinburgh half marathon last month has heard that she was a 'bright and beautiful spirit' who left 'an indelible mark' on those she loved. Olivia Tuohy (24), from Ennis, died on May 25th last. She worked at the Royal Infirmary in Edinburgh, having graduated from Queen Margaret University. Her parents, Kieran and Liz, shared memories of their 'bubbly and kind-hearted daughter' with mourners at Ennis Cathedral today. Liz Tuohy said that they immediately booked a flight from Dublin to Edinburgh when they received the news of what had happened to Olivia at the marathon. READ MORE [ ] 'When we were travelling up to Dublin to go to Edinburgh, we were near the airport and the next thing, my sister said 'Oh my God, look at the rainbow.' There is this big, massive double rainbow – the wildest, biggest [rainbow]. I just remember saying 'Fly High, baby girl'.' 'I would just like to say to family and friends that whenever you see a rainbow, think of Olivia because she will be flying high.' Mrs Tuohy thanked family and friends for their 'unwavering support' in the aftermath of the tragedy. She also expressed her appreciation for the medics and runners who went to the aid of Olivia in Edinburgh. She also took tine to thank the Kevin Bell Repatriation Trust for all of their efforts on behalf of the family. Kieran Tuohy said Olivia had a 'short' yet 'beautiful life' and had left them with countless memories which they will treasure. [ The sudden death of a young runner touches running spirits everywhere Opens in new window ] Mr Tuohy spoke of his pride in having seen his daughter pass her driving test on her first attempt after an inauspicious start when he was tasked with teaching her the basics. He said the lesson involved the slamming of doors, strong words, apologies and a promise that 'tomorrow there will be no shouting'. Her brother Stephen urged mourners to capture images of their loved ones 'because you might not have the person sitting beside you right now forever'. Olivia's boyfriend Michael said that there was 'nothing left unsaid' between him and the 'kind, beautiful, gorgeous soul' with whom he had shared so many happy times. Offertory symbols included a football and hurley, her nursing uniform, badge and a memory book from staff in the Royal Infirmary, a shopping bag and an Aperol Spritz glass. Burial followed at Drumcliffe Cemetery. A guard of honour was provided at the funeral by some of the clubs with whom Olivia had played before her relocation to Scotland. Ms Tuohy played football with Banner Ladies and camogie with Eire Óg. She was also a junior player with Ennis Lawn Tennis and Badminton Club. She is survived by her parents Kieran and Liz and her brother Stephen and his partner Laura, her partner Michael and his parents Maria-Elena and Steven, aunts, uncles, cousins, neighbours and her friends in Ireland and Edinburgh.
Irish Times
7 hours ago
- Irish Times
Carer who died in Connemara house fire with Sunny Jacobs remembered as ‘free spirit'
The funeral service of Kevin Kelly, who died in a house fire in Connemara , Co Galway earlier this week, has heard how he would 'do anything he could for anybody'. His younger sister Jill described Mr Kelly (31) as 'a free spirit' who 'wasn't one bit shy about standing up for what he believed and not doing things just to follow the crowd'. The service took place at the Discovery Church on the Tuam Road on Saturday afternoon led by pastor Paul Cullen. The fire broke out at a cottage near Casla, a village between Indreabhán and An Cheathrú Rua, at about 6am on Tuesday. Mr Kelly and Sonia 'Sunny' Jacobs (76), who spent five years on death row in the United States, were pronounced dead at the scene. READ MORE Kelly had been Jacobs's carer, and had also acted as carer for her husband Peter Pringle who died in 2023. [ The life and tragic death of Sunny Jacobs: how a US death row survivor ended up in Connemara Opens in new window ] Speaking at the service, Jill said her older brother was born in Dublin but moved to Inishmore off Galway Bay aged four, where his 'love for the tranquil life surrounded by the beauty of Connemara' started. She said he never lost his love for mountain tops and would often disappear off up a mountain or hill in Connemara alongside his dog Molly and 'whichever other dogs he had taken under his wing and you might not hear from him for ages'. Jill spoke of her brother's love for dogs despite being bitten by one when he was younger, which showed his ability to 'let go and move' and that he 'never took life too seriously and was quick to forgive'. Mr Kelly left school and went on to work at Madra, a dog rescue and adoption service in Connemara, where he met his partner Sheree, she said. 'It was love at first sight in more ways than one,' Jill said. 'Kevin's time at Madra completely changed his life. It was where his love of dogs was truly discovered and came into play and it was where he met his beautiful Sheree.' Jill said the couple were 'made for each other'. 'We have all lost someone today – a son, a brother, a partner, a friend, a rock,' she said. 'He was so many things to so many people and we all share that grief. It does not belong to any one of us but to all of us.' Pastor Paul Cullen said 'everybody was heartbroken' for Sheree and that 'a few days ago not one of us expected to be here today'. [ The story of Sunny Jacobs was never as straightforward as the media suggested Opens in new window ] 'Not one of us expected to be standing in this room, trying to and completely unable to find words or logic or meaning around what has just happened,' he said. 'I think in our mutual shock and sadness it is good to lean into each other and to be kind to each other and caring to each other.' A number of readings and a poem were read out by members of Mr Kelly's family. Mr Kelly is survived by his parents Fiona and Ken, his siblings Jill and Cúán, his partner Sheree and his extended family.
