Re-turn says shops are legally liable for accessibility issues with its machines

Re-turn has been accused of throwing retailers under the bus after claiming in a legal response to a discrimination complaint that shop owners – not the company – are liable for problems with the accessibility of the scheme.

This would leave stores that host Re-turn reverse vending machines open to legal action by people with disabilities in relation to a scheme they didn’t devise and machines they didn’t design, it’s been claimed.

Re-turn’s assertion that retailers are liable for difficulties experienced by disabled people wishing to participate in the scheme was made in response to a discrimination complaint by a woman who is blind.

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It claimed that the regulations underpinning the deposit return scheme made retailers and “return-point operators” responsible for ensuring the facility for taking back bottles and cans is “visible and easily accessible”. The company advised the complainant to engage with “the relevant retailer in your locality” in its formal response to her legal action for alleged discrimination under the Equal Status Act.

The move has received a furious response from one retailers’ representative body, which accused Re-turn of throwing its members under the bus by seeking to “push” legal action onto shop owners for its own failures. Industry sources even told the Irish Mirror that outlets would consider withdrawing from the scheme following the attempt by Re-turn to shift liability for its own alleged mistakes onto retailers that had nothing to do with them.

A spokeswoman for the Irish Petrol Retailers Association (IPRA) said the organisation wanted to assure the public that its members “played no part” in designing the scheme or its machines. “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 said.

“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 added. “Re-turn should be trying to work with retailers and the public, not against them.”

A spokesman for Re-turn said the company would not be commenting about the specific case, which was previously reported by the Irish Mirror. “We are committed to fostering accessibility and inclusivity for all consumers as we work to facilitate a successful deposit return scheme,” he added.

In its stinging response to the move, the IPRA called on members of the public to start asking questions of Re-turn, including about the net environmental impact of the scheme, given that extra vehicles are on the road to collect containers. It also called on the Government to instigate a “thorough review process” in relation to the scheme.

In its formal response to the discrimination complaint, Re-turn said Part V and VI of the regulations place obligations regarding accessibility on retailers. It argued that Re-turn is not a “provider of a service” for the purpose of the Equal Status Act.

The company received criticism for failing to consult with disability organisations prior to rolling out the scheme, and is only now preparing to hold a consultative process with a view to improving accessibility.

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