Re-turn row as shops told they’re liable for accessibility issues with machines

Re-turn has sparked outrage by seemingly shoving shopkeepers into the firing line after stating in a legal reply to a discrimination complaint that it’s the store owners who should be getting the flak for any issues with the scheme’s accessibility.

Shops that play host to Re-turn’s bottle return machines could find themselves in the dock over a scheme they had no hand in cooking up and hardware they didn’t hammer out, critics have pointed out. The bombshell that shop bosses could carry the can for hitches felt by disabled users trying to get involved in the programme dropped when Re-turn responded to a gripe from a visually impaired woman.

In a move that raised eyebrows, the company passed the buck in its formal response to her legal challenge for purported prejudice under the Equal Status Act, indicating the onus was on retailers and “return-point operators” because the rules propping up the deposit return scheme say they must make sure the setup for accepting empty receptacles is “visible and easily accessible”. Re-turn nudged the lady lodging the complaint to knock on the door of “the relevant retailer in your locality”.

Read more: Re-turn machines in supermarkets rejecting cans and bottles bought in other stores

Read more: Troubled deposit return scheme may need to be changed following EU legality challenge

The move has sparked outrage from a retailers’ representative body, slamming Re-turn for attempting to “push” legal action onto shop owners over its own shortcomings. Industry insiders have even hinted to the Irish Mirror that some shops might pull out of the scheme after Re-turn tried to offload responsibility for its alleged blunders onto innocent retailers, reports the Irish Mirror.

A spokeswoman for the Irish Petrol Retailers Association (IPRA) was quick to clarify that their members had no hand in crafting the scheme or selecting the equipment. “We believe many issues need to be ironed out within the scheme, which now also includes questioning how Re-turn would push legal action for failure to adhere to the Equal Status Acts onto retailers who played no part in designing the scheme,” she stated.

“Retailers were obliged to purchase machines from vendors approved by Re-turn so essentially had no choice as to the machines they were required to buy, let alone whether these were accessible or not. Trying to throw retailers who are working hard to comply with this scheme under a bus for their own failures is not appreciated by our members,” she continued. “Re-turn should be trying to work with retailers and the public, not against them.”

A spokesperson for Re-turn has declined to comment on the specific case, previously covered by the Irish Mirror, stating: “We are committed to fostering accessibility and inclusivity for all consumers as we work to facilitate a successful deposit return scheme,”.

The IPRA, in a sharp retort to the move, urged the public to start questioning Re-turn, including about the net environmental impact of the scheme, considering the additional vehicles required to collect containers. The association also called on the Government to initiate a “thorough review process” regarding the scheme.

In its official response to the discrimination complaint, Re-turn stated that Parts V and VI of the regulations impose obligations concerning accessibility on retailers. It argued that Re-turn does not qualify as a “provider of a service” under the Equal Status Act.

The company faced backlash for not consulting with disability organisations before launching the scheme, and is now planning to conduct a consultative process aimed at enhancing accessibility.

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