Partly as a result of the liberalisation of the market over the past 20 years, a number of public authorities were set up to regulate sectors of economic activity for which they were made specifically responsible. This occurred primarily where monopolies formerly existed and was undertaken to ensure that both the consumers and the traders would benefit from the ensuing competition in the market once such monopolies and import prohibitions were removed.
In 1994, Parliament enacted the Competition Act, which sought to ensure fair competition in the market by prohibiting anti-competitive agreements between undertakings and also the abuse by an undertaking of its dominant position in the market.
In the same year, Parliament enacted the Consumer Affairs Act which significantly strengthened consumer rights. The Consumer Affairs Office was set up and the first Consumer Association was registered soon after.
It thus became possible for the consumer to file complaints. Both the Consumer Office and the Consumer Association were empowered to try and reach an amicable settlement with the trader concerned regarding such complaints. If this failed, the consumer had the right to resort to the Consumer Claims Tribunal.
The Consumer Affairs Act also provided for the setting up of the Consumer Affairs Council. Its main functions include: advising the minister responsible for consumer affairs on measures for the promotion and protection of consumer interests; monitoring the working and enforcement of laws directly or indirectly affecting the consumer; acting as a forum for bringing together public authorities, which, in the exercise of their functions, deal with situations of conflict between traders’ and consumers’ interests or have the responsibility to safeguard the interests of consumers, with a view to establishing a closer relationship of cooperation among such public authorities in furthering the welfare of consumers; and examining and determining whether a consumer association has the requirements to be registered in accordance with the law.
The law obliges the minister to consult the council before publishing any regulation under the Consumer Affairs Act.
Over the years, both the Competition Act and the Consumer Affairs Act were amended in view of the experience gained over the years and to keep legislation updated with the various EU directives and regulations that came into force.
When amending consumer-related legislation in 2011, the Government felt it would be opportune to find ways and means to improve collaboration between the various public authorities for the benefit of consumers. Consequently, it was decided to assign a new but very important function to those already pertaining to the Consumer Affairs Council.
A new function was introduced: to act as a forum for bringing together public authorities that, in the exercise of their functions, deal with situations of conflict between traders’ and consumers’ interests or have the responsibility of safeguarding the interests of consumers. The aim of such forum is to have a closer relationship of cooperation between the various authorities, which should lead to an improvement in the welfare of consumers.
As a result of this new function, the council proceeded to identify those authorities it should bring together. The following were invited and accepted to form part of the Forum of Public Authorities: the Broadcasting Authority, the Malta Communications Authority, the Malta Competition and Consumer Affairs Authority, the Malta Environment and Planning Authority, the Malta Financial Services Authority, the Malta Resources Authority, the Malta Tourism Authority, the Medicines Authority and Transport Malta.
The first meeting was held on October 24, 2011 and another five meetings have since been held. During these meetings, ways and means on how to further collaboration or establish such collaboration, where it did not already exist, were discussed.
In these first meetings, each authority explained its role and functions in detail and how these affect the consumer and also identified those authorities with which they collaborate.
It is now expected that the forum will identify how such collaboration can be better improved and start implementing such improvements that will go a long way towards furthering the welfare of consumers.
The FPA will also study the possibility of carrying out joint educational campaigns addressed at consumers. Consumers will thus be better informed about the responsibilities of the various authorities and the best way to seek advice or lodge complaints regarding any particular issue.
One of the first joint initiatives the authorities within the forum took was the holding, in April 2012, of a well-attended half-day conference, themed The Regulatory Authorities – Furthering The Welfare Of Consumers.
Representatives of various authorities sitting in the forum highlighted the work they were doing in the interest of consumers. The questions from the floor confirmed the benefit of holding such activities and it is hoped that this conference will become an annual event.
This followed the holding of a similar successful activity organised by the council the previous year on the topic The Regulatory Authorities – Their Role In Protecting Consumers.
During the last forum meeting, it was decided that there was the need for the customer care heads of the various authorities to start meeting to get to know each other better, seek better ways of collaboration, identify best practices and discuss possible joint training and educational campaigns.
The first such meeting, during which all authorities were represented, was held last November 20 and it was decided that regular meetings should continue to be held. Since then, three other meetings took place with the aim of identifying best practices that should help to improve the procedures being adopted when dealing with consumers lodging complaints or making enquiries.
It is hoped that, as a result of the cooperation that has been forthcoming from all the authorities on the forum, the aim of improving collaboration between them will be achieved and the initiatives already taken or will be taken will ensure the furthering of the welfare of consumers.
Marcel Pizzuto is chairman of the Consumer Affairs Council.