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Consumer affairs Act debated

legislation, saying it is fraught with dangerous potential.While each UBP MP said they supported the idea of such legislation, they said it may lead to astronomical awards by judges and juries as found in the US.

legislation, saying it is fraught with dangerous potential.

While each UBP MP said they supported the idea of such legislation, they said it may lead to astronomical awards by judges and juries as found in the US.

And they complained it was not written in "plain language'', nor did it seem to have implemented all of the recommendations found in the 1997 Task Force on Consumer Affairs.

But Government MPs struck back saying that when the UBP was in power, it did next to nothing to address innumerable complaints fielded by the one-person Consumer Affairs Office.

"This is a people's bill and it is far overdue,'' Progressive Labour Party MP Ottiwell Simmons said. "This was brought to the UBPs attention way back in the 1970s. They set up an office with virtually no staff.

"Development Minister Terry Lister is doing precisely what the UBP never did.'' "Landlord issues, tenant issues, business complaints, industrial issues like health and safety,'' Mr. Simmons said, "that's what this is about.'' But Opposition member John Barritt struck back, saying the Island is risking disaster with the provision for an aggrieved person to get "exemplary and punitive damages''.

"Hello!'' he exclaimed, "is this the direction that were going? We all know where the US is. The cost of this will ultimately be passed on to the consumer. Let's try and improve what we already have.'' Mr. Barritt also said the grievance procedures set out in the Act were unlawful in that the Consumer Affairs Officer not only conducted the initial investigation, but also advised the Minister whether there had been a violation.

"It's a basic principle of law that no one should be judge and jury in their own cause,'' he said. "This whole Act has the potential to be the fodder of lawyers.'' Shadow Finance Minister and UBP MP Grant Gibbons , after declaring his interest as the head of a large family business, went on the same tack, saying: "It's fair to say the US has taken tort law to the extreme.'' Dr. Gibbons said the Chamber of Commerce, the Employer's Council, nor the chairman of the Consumer Affairs Task Force, Sir John Plowman, had been consulted.

And he questioned whether the international division of the Chamber of Commerce and the International Business Association had been aware of the contents of the bill.

"But the group most affected by this is the small businesses,'' he said, adding that they did not have the resources that larger businesses had.

"This will bring the kind of punitive actions that we see in other jurisdictions,'' Dr. Gibbons added. "This legislation is going to do more to crush the small business than to deal with consumer protection.'' But Development Minister Terry Lister struck back at Dr. Gibbon's assertions and insisted that "quality is quality''.

"To imply that only large businesses can deliver quality is a nonsense,'' Mr.

Lister said as he pointed out that Government will not make special concessions for small business in this area.

"The homeowner wants quality work done in his home and so do I,'' Mr. Lister stressed. "There is no way around it, quality is quality.'' Mr. Lister also sought to set the record straight on allegations that businesses and the Chamber of Commerce were not in favour of the change.

"The business community welcomes this,'' he said, "and businesses who feel aggrieved by the action of their competitors really welcome it.

"No one likes unfair business practices.'' Mr. Lister noted that the retail company, Trimingham's had sent him a letter acknowledging their support and he said the Chamber of Commerce had been consulted the whole way.

"I will not be accused of failing to consult,'' he insisted, "the Chamber of Commerce have seen this draft legislation and have most certainly been consulted.'' Mr. Lister also emphasised that responsibility for educating both the consumer and merchants on the new changes would rest with the Consumer Affairs Board.