Members of the Upper Chamber placed their stamp of approval on the Consumer Protection Bill on Monday, but government Senators rejected a proposed amendment from their opponents that would have “bound the crown” or held the government and its agencies to the same provisions.
The bill is widely viewed as essential in establishing a Consumer Protection Commission to deal with complaints of impropriety against businesses. It would also prescribe mechanisms of recourse for businesses when consumers have reneged on a prior arrangement for goods or services.
Opposition leader in the Senate Tommy Turnquest suggested the appointment of an Ombudsman to deal with complaints against the government. He told his Senate colleagues that what is troubling is that the bill seeks to criminalize the action of a business against a consumer when done in error, while again the government is not held to those same standards.
“This bill does not bind the crown, so there is still no recourse to the public when they receive ‘shabby’ treatment from the government, but it seeks to criminalize mistakes made by businesses, and makes it extremely difficult for them to repossess their products or discontinue their service,” he said.
He said this is particularly so with the requirement of a bailiff or police officer – as proposed in one of the bill’s clauses – to repossess items.
“What is so unfair about this bill is that it requires a business to have a court order to reclaim possession of their product for failure to pay installments due, while government corporations can get off scot-free and requires nothing more than a consumer not paying his bill on time to withhold their products and services,” the senator argued.
“Why does this bill hold [BTC], BEC and Water and Sewerage to different standards? Why do they not need a court order to turn off consumers’ light, water and telephone? Surely this must be unfair.”
He also lamented that the minister responsible for consumer affairs would not be held accountable for actions taken against a business as a result of any mistakes the minister may have made.
Senator Turnquest reasoned that if a business owner can be taken to jail for actions taken against a consumer in error then the minister should also be taken to jail for actions taken against a business owner in error.
The prospect found the senator recommending recourse for businesses that are damaged because of vexatious claims.
The mover of the bill had indicated that the Consumer Protection Act would also govern the operations of government ministries, departments and agencies, as well as government corporations.
But in a vote of 6-3 the proposed amendment from the Opposition for the bill to bind the crown was defeated.
Despite that, Opposition senators supported the bill.
In her contribution, government Senator Yvette Turnquest called the piece of proposed legislation clearly important.
“This bill will protect consumers from defective products or service they may be purchasing,” she said. “-You would never know when you would enter a situation that is a bad deal and this is why the Consumer Protection Bill is so important. We must always remember the marketplace is always open to fraud and dishonesty.”
The sentiment was regularly conveyed in the Senate and in the House of Assembly.
The bill was drafted along the guidelines established by the United States Guidelines for Consumer Protection, and requires authorities to provide the public with information pertaining to health, nutrition and the prevention of food-borne diseases, product hazards, product labeling, and relevant legislation.
Authorities must also inform the public on how to obtain redress, agencies and organizations for consumer protection, information on weights, measures, prices, quality, credit conditions and the availability of basic necessities.
An education campaign would be carried out through town meetings.
However, amidst the myriad of enquiries that were raised about what the bill is designed to do, the Local Government and Consumer Affairs Minister V. Alfred Gray said the bill was never presented as perfect and there are some things that came from both sides that were worthy of consideration.
“Enforcement of this bill will be my ministry’s highest priority because I believe that no bill is good on paper if not enforced,” Minister Gray said.
Once the bill is given assent, the governor general would have the power to appoint the Consumer Commission, consisting of a chairman, a deputy chairman and no fewer than five, but no more than nine members.
Under the proposed legislation, persons who fail to assist the Commission in its investigation could face a fine of up to $2,000.
By: Tameka Lundy, The Bahama Journal
