Consumer bill consultation extended in face of backlash
(CNS): Concerns from the business community that the implementation of a consumer protection bill to protect shoppers from bad trade practices will impact their bottom line has led to an extension of the public consultation. The Chamber of Commerce requested the extension period to allow more of their members time to weigh in on the debate before the legislation is drafted, fearing it will be detrimental to their business and profits. “Draft legislation of this nature is going to have a significant effect on local businesses,” said Chamber President Paul Byles.
He explained that at a recent ‘Be Informed’ session, merchants raised fears about the potential law. “The meeting with our members made it clear that there are quite a few legitimate concerns,” he added.
The consultation period for the Consumer Protection and Guarantees Consultative Draft Bill, which was supposed to end last month, has now been extended to 1 May by the Law Reform Commission because of a lack of comment from the business community.
They have now been given another three months to take aim at the bill, which is designed to protect consumers from unfair trade. But Byles said it was important that Chamber members knew the ins-and-outs of this bill and for the Chamber to take an active role as facilitator and advocate for the business community.
“We are grateful that the Law Reform Commission has extended the deadline for consultation, as this allows our members and the wider business community to thoroughly examine the proposed bill and submit useful, comprehensive feedback,” said Byles. “We will consolidate the views of our members and communicate our concerns to both the Law Reform Commission as well as legislators.”
Byles said he was seeking comments from the membership by 31 March. He urged all businesses to read the drafted consultative draft of the Consumer Protection Bill, and subsequently submit any concerns or feedback to wil.pineau@caymanchamber.ky.
All comments will be compiled into a report and then another ‘Be Informed’ presentation will be held to review the comments before preparing a final report to be presented to the Law Reform Commission with constructive amendments that will be acceptable with the business community.
The public can also still weigh-in on the proposed legislation, and submit their comments and feedback directly to the Law Reform Commission. Send to:
Jose Griffith, Acting Director of the Law Reform Commission
By hand:
Portfolio of Legal Affairs, 4th Floor Government Administration Building
133 Elgin Avenue, George Town
By mail:
P.O. Box 136
Grand Cayman KY1-9000
Or email to jose.griffith@gov.ky
Category: Local News
We need regulation of Weights & Measures like most developed countries. How are we ever assured that scales used to weigh our purchases in the supermarkets are properly calibrated on a regular basis? Ask for their records of calibration and whether there is independent checks ever done by and accredited organisation. There is no standard size for a loaf of bread so supermarkets can make them smaller and increase the price.
Did you seriously expect the chamber to be in favor of anything that would protect the little guy. If they treated everyone fair they would have nothing to be worried about.
This bill proposes the creation of yet another ineffectual corruptible committee to opine on the merits of each business complaint. Clearly this is another public whitewash posing as consumer protection, but always inuring in favor of business by mechanism of carefully selected partial committee members.
Has any one ever been found guilty of price gouging or price fixing?
Business ethics of some companies evoke third world, mafia and the close neighbor country we love to call foul. Although I don’t really like to use those terms they’ve gradually gotten away with murder and now it’s normal. Obviously the businesses that condone this underhanded behavior are out in force, this forum not excluded, to protect their status quo.
I really am trying to be non cynical about this move but still fear the usual “make another rule for having a rule’s sake”. This is getting very old if there’s nothing less than a total commitment to equitable enforcement of laws in general. This type of corruption shouldn’t be too difficult to wipe out considering our size, it’s just so entrenched and has become a part of the culture and maybe as such commands protection?
Easy and unwanted targets will of course be the whipping boys while the usual suspects will either payoff and or get a quiet slap on the wrist.
Where does this farse end?
What government department is ever going to protect consumers when for instance the big supermarkets are owned.run by powerful local families.
Just like when taxis said we would pay more if they were forced to use meters and the government caved. Useless
Just remember if the taxi does not have the schedule of fares in the cab the driver cannot charge for the ride. At the end of the ride ask for the schedule. Usually one gets a free trip.
The capital-rich Caymanian families must be allowed to continue to rip off everyone else. The creation of basic consumer rights would affect profits, and that must not happen.
Why not simply add a section to the Trade and Business Licensing Law:
“The enforcement division of the Department of Commerce and Industry shall have the power to receive, consider and investigate complaints as to the conduct and business practices of licensed entities and if it is determined that reasonable cause exists for a finding that the conduct complained of falls below the standards to be expected of a an honest business it shall present its evidence and findings to the Trade and Business Licensing Board who may:
1. Decide it is not appropriate to take further action; or
2. Invite the Business concerned to make representations as to its conduct to the Board.
following consideration of the representation of the business the Board may:
1. Decide it is not appropriate to take further action; or
2. Issue a reprimand to the business concerned which in the Board’s discretion shall be either private or public; or
3. Issue a warning to the Business as to the steps the Board will take in the event of any repetition; or
4. Issue a fine; and/or
5. Suspend or revoke a license for such period as it deems fit.
Should there be any suspicious of the commission of a criminal offence, the matter shall be immediately referred to the RCIP.”
Done.
No new Law. No new Boards. No new Committees. No new Ministries.No new Civil Servants. No new costs. All appropriate protection.
Too simple and makes sense therefore government is unable to take that direction.
You lost me at “the enforcement division of the Department of Commerce and Industry”. Can you ever recall any effective enforcement? If we cannot police guys operating without trade and business licences, work permit, or health insurance on public land, how on earth do you expect them to deal with the major commercial interests such as the supermarkets , hardware stores and liquor chains.
Because they have employed and have on staff former police officers.
about time poor people get some sort of protection!??
Oooo no not in Cayman! Protection for the customer, never never never never! What’s the world coming too.
If the government is taking their queues from the business community, this should be renamed the “Business Protection Bill” rather than the “Consumer Protection Bill”. This is supposed to be a framework to protect consumers from bad service, extortion, and price collusion, and it’s being framed entirely backwards! Oh, Cayman.
It would be good to force the shops to pass on to the consumers the duty get things, in the Brac the duty free is never pass on ,It only makes a bigger profit for the businesses.
Aha, I see, the cartels and monopolies don’t make enough cash already? Seriously? Why do they get an extension? Are they so stupid that they need more time to defend those same cartels and monopolies. Consumers are abused mercilessly here, and the same protections should be afforded to them as the EU/UK affords its consumers. Why is CIG not implementing those already clear laws? They could literally copy/paste, no need to think at all. It will bankrupt no one, just force the shops to do the right thing on faulty goods. I smell a climb down coming.
please stop the headlong rush to wrap everything in layer upon layer of red tape….
Well in Cayman you can have as much red tape as you like, since there is zero enforcement you have no worries.