“Government is currently working on the drafting of a law that will enhance and support the synergy between the process of strengthening competition and the promotion of good business practice and consumer interests. The aim is to create an environment whereby the consumer benefits from the best possible service while the business environment is allowed enough elbow-room and breathing space in order to thrive”

No matter who we are and where we come from, we are all consumers. Even those who run businesses and provide goods and services to the rest of society, at one point or another, assume the role of the consumer. In a nutshell, the term “consumer” is an umbrella definition that applies for each and every one of us.

Government is aware that, in the present day circumstances, the consumer sector is of utmost importance. Government believes that the main characteristic of the modern free market is the striking of a natural balance between the interests of the business sector and that of the consumer. It is government’s intention that consumer related affairs, including issues of fair competition, are dealt with and regulated by a

new authority that will be set up shortly.

Government is currently working on the drafting of a law that will enhance and support the synergy between the process of strengthening competition and the promotion of good business practice and consumer interests. The aim is to create an environment whereby the consumer benefits from the best possible service while the business environment is allowed enough elbow-room and breathing space in order to thrive.

This scenario will become a reality once the consumer is well informed and feels protected enough by the competent authorities. It is of primary importance that the consumer achieves full confidence in the business sector and in the modus operandi of the market.

The authority that is being proposed will have six primary objectives. These include the promotion and enhancement of competition policy; the promotion and the strengthening of consumer policy; to act as a national board on standards and provide services related with standard provision; the preparation and implementation of a national metrology strategy; to ensure the smooth adoption of technical regulations; and to guarantee public health through the regulation of medicines and pharmaceutical products.

It is our intention that the new authority will be made up of five entities. These will be carrying out the functions that are currently the responsibility of the Consumer and Competition Division, the Malta Standards Authority and the Medicines Authority. Since these three entities already contribute towards consumer protection, it is being proposed that all three should be placed under one authority.

It is being suggested that the new authority should include a Competition Office, to act as a safeguard against restrictive and anti-competitive practises; and a Consumer Office that should focus on mediation between the business sector and the consumer, information, education, and the promotion of good practice in business.

The new authority should also have a Technical Regulation Division to focus on the analysis of conformity and free movement of goods; a Standards and Metrology Institute; and a Medicines Division that would be responsible for medicinal products and pharmaceutical activity regulation.

All five entities should be independent from the authority’s board. They should have distinct roles and also decision making powers. We are also proposing that the Consumer Affairs Council remains under the Consumer Affairs Law. The same is being proposed to apply for the Consumer Affairs Tribunal wherein government is propounding to double the amount of moral damages that can be awarded.

As regards the Commission of Fair Trading, government is recommending some amendments to the composition of its jurisdiction in order for the Commission to have the faculty to hear appeals against decisions taken by the Director General of the Competition Office and the Consumer Affairs Office. This would mean that the Commission of Fair Trade would be taking over the responsibilities of the Consumer Affairs Appeals Board.

These proposals by government are by no means cast in stone. As in other areas, consultation will be given top priority before any decision is taken. Consultation has been a main attribute of this legislation and it will be applied again in this very important sector.

The proposed law will be up for consultation in the very near future. I take this opportunity to encourage the whole spectrum of society to take part in this consultation and come forward with proposals. It is only in this way that we can ensure harmony and achieve synergy between the consumer and the business interests.