Oireachtas Joint and Select Committees

Thursday, 11 July 2019

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Consumer Insurance Contracts Bill 2017: Committee Stage

Photo of Michael D'ArcyMichael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I propose that some definitions be deleted, some replaced and some introduced. I propose to delete the definition of "groups of persons", as the term is only used in the definition of "consumer", which it is proposed to replace. I propose to delete the definition of "turnover" as the term is only used in the definition of "consumer", which it is proposed to replace. I also propose to delete the definition of "writing" as it is proposed that it will be replaced by a definition of "durable medium" which would render this definition unnecessary if accepted.

The following definitions are to be replaced by this group of amendments. The definition of "average consumer" is to be replaced to mirror the approach taken elsewhere in Irish law, such as in the Consumer Protection Act 2007. The definition of "consumer" is to be replaced to align it with the definition in the Financial Services and Pensions Ombudsman Act 2017. This change means that should there be any change to the definition in the Financial Services and Pensions Ombudsman Act 2017, it will automatically follow through to this Act. It is proposed to delete the definition of "insurer" and replace it with a definition of "insurance undertaking" to align it with other Irish and EU law. If accepted, this change will result in consequential amendment throughout the Bill.

I now turn to definitions to be introduced. The amendments propose to introduce a definition of "durable medium". This is the well-established wording used in the consumer protection code and financial services legislation deriving from EU law. It replaces the term "writing". If accepted, this change will result in consequential amendment throughout the Bill. The amendments propose to introduce a definition of "insurance intermediary". This is necessary to bring intermediaries within the scope of the Bill. The amendments propose to introduce a definition of "life insurance" that is aligned with Irish law, because it is currently undefined in the Bill.

It is proposed to introduce a definition of "non-life insurance" which is aligned with Irish law, as the term is currently undefined in the Bill.

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