The Minister for Public Enterprise, Ms O'Rourke, introduced an Electronic Commerce Bill in the Seanad yesterday. She said she believed it acknowledged that what was needed now was light regulation to oil the cogs of e-commerce.
She said the Bill intended to remove existing legal impediments and uncertainties regarding the development of e-commerce in the State. It would allow consumers and business alike to be free to use electronic communications to satisfy existing legal requirements which applied already to paper-based commerce.
Ms O'Rourke said there was no reason why the huge body of legislation which governed traditional commerce should not apply to e-commerce.
The Bill, she said, was about positioning Ireland as a pioneering e-commerce regulatory environment. It provided that a contract might be concluded using electronic communications and that a contract should not be denied legal effect, validity or enforceability on the grounds that it was in electronic form.
It also allowed for the offer and acceptance of an offer to be carried out using electronic communications.
Another important provision ensured that nothing in the Bill could be construed as requiring disclosure or enabling the seizure of keys or codes used to keep information confidential.
She said such protection was essential for the security of e-commerce. It was important for engendering confidence and trusting e-commerce that penalties provided were adequate to meet the crime. The measure provided for fines of up to £500,000 for indictable offences.
She noted that a few days ago Ireland had become the largest exporter of computer software, out-passing the US.
Mr Feargal Quinn (Ind) said while he welcomed the Bill he believed we were not moving fast enough to realise Ireland's full potential in the new era opening before us.
Mr Jim Gibbons (PD) said it was vitally important that professionally-qualified personnel were recruited to train Irish schoolchildren in the use of this technology. Sub-post offices could be used as local hubs to facilitate people who did not have access to computer equipment.
Mr Tony Kett (FF) said it was estimated that within two years 120 million people would be doing their purchasing via the web. We would ignore all this at our commercial peril.