Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

As the Chairman rightly stated, these are largely technical and straightforward amendments. Some of them delete a word and others add a word, while some clarify small typographical mistakes, including cross-references. They are not policy driven; they are to tidy up the Bill as drafted.

Amendment No. 19 deletes unnecessary language. Amendment No. 20 gives the consumer the right to all remedies arising from a lack of conformity with the contract, as opposed to only the first-tier remedies of short-term termination of the contract, repair or replacement. Amendment No. 23 deletes language that is superfluous. Amendment No. 24 makes a technical change. Amendments No. 25 to 29, inclusive, correct incorrect cross-references.

Amendment No. 30 makes a minor technical change to delete an irrelevant subsection. Amendment No. 35 corrects an incorrect cross-reference, as do amendments Nos. 36 to 39, inclusive.

Amendment No. 40 makes a minor grammatical change. Amendment No. 41 corrects an incorrect cross-reference. Amendment No. 42 is another straightforward amendment, the purpose of which is to broaden the scope of section 34 to include instances where goods are not in conformity with the sales contract and where the trader otherwise fails to comply with the requirement of Part 2 of the Bill. Amendments 43 to 45, inclusive, change the wording of paragraphs (d), (e) and (i) of section 39(1) so that the cross-references match the section titles to which they refer. Amendment No. 46 corrects an incorrect cross-reference, as does amendment No. 47. Amendment No. 48 clarifies a change to the wording referring to the meaning of "alternative dispute resolution procedure". Amendment No. 49 makes a slight change to the wording of section 41(1) to ensure that the precise transposition of Article 17(2) of the sale of goods directive, which states that the commercial guarantee statement shall be provided to the consumer on a durable medium, at least at the time of the delivery of the goods.

Amendment No. 50 makes a minor technical and clarifying change. Amendment No. 52 corrects an incorrect cross-reference, as does amendment No. 53. Amendment No. 54 adds a new subsection (9) to underline that nothing in Part 3 will affect the right to terminate a contract under section 29(2), a new subsection proposed under amendment 31, and section 93(2), both of which cover mixed contracts.

Amendment No. 56 inserts a cross-reference to section 55 to ensure that Article 10 of the digital directive, to which section 57 gives effect, is fully transposed. Amendment No. 57 gives consumers the right to all remedies arising from a lack of conformity with the contract, as opposed to only the first-tier remedies of short-term termination of the contract, repair or replacement. Amendment No. 58 inserts a cross-reference to section 55 to ensure that Article 10 of the digital directive, to which section 57 gives full effect, is fully transposed. Amendment No. 59 deletes superfluous language, as does amendment No. 66.

Amendment No. 67 makes a minor technical change. Amendment No. 68 deletes superfluous language. Amendment No. 69 corrects an incorrect cross-reference. Amendment No. 71 inserts clarifying language to section 69(3) in respect of the obligations of traders.

Amendments Nos. 72, 74 and 75 change the wording of sections 71(1)(c), 71(1)(h) and 71(1)(i) so the cross-references match the section titles to which they refer. Amendment No. 73 would insert a cross-reference inadvertently omitted during the drafting process. Amendment No. 76 is a clarifying change to the wording referring to the meaning of "alternative dispute resolution procedure". Amendment No. 77 corrects an incorrect cross-reference, as do amendments Nos. 78 and 79. Amendments Nos. 80, 81 and 82 make minor technical changes.

Amendment No. 83 inserts clarifying language in section 88(6) to ensure consumers are liable for any loss or damage suffered by the trader as a result of the failure of the consumer to comply with the obligation under all of subsection (3) or fails to return the goods or material under a type of agreement referred to in subsection (5). Amendment No. 84 is a minor technical change. Amendment No. 85 corrects the inadvertent omission of a reference to a reduction in the price as a remedy for consumers.

Amendments Nos. 87, 88 and 89 change the wording of sections 94(1)(b), 94(1)(c) and 94(1)(d) so the cross-references match the section title to which they refer. Amendment No. 90 inserts a cross-reference inadvertently omitted during the drafting process. Amendment No. 91 is a clarifying change to the wording referring to the meaning of "alternative dispute resolution procedure". Amendment No. 92 makes a minor technical change, as does amendment No. 93. Amendments Nos. 94 and 97 are minor technical changes to ensure the application of Part 5 accurately transposes the consumer rights directive with regard to digital content.

Amendment No. 95 is another amendment that seeks to ensure the precise transposition of a directive provision. Article 2 of the consumer rights directive defines a sales contract as any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object goods and services. Amendment No. 96 corrects an incorrect cross-reference.

Amendment No. 98 would insert a new subsection (9) into section 97. It is proposed the text for this section would be transferred from section 102 as the provisions fit more appropriately into the section setting out the application of Part 5. Amendment No. 99 corrects an incorrect cross-reference. Amendment No. 105 is a clarifying measure. Amendment No. 106 corrects an incorrect cross-reference. Amendment No. 109 ensures the full title of the Central Bank of Ireland is used consistently across the Bill. Amendments No. 110, 111 and 112 make minor grammatical corrections. Amendment No. 113 makes a minor grammatical correction to substitute "a trader" with "the person" to make the language consistent. Amendment No. 114 makes a minor grammatical correction.

Amendment No. 115 makes a minor grammatical correction to substitute "a trader" with "the person" to make language consistent. Amendment No. 116 makes a minor grammatical correction similar to amendment No. 115. Amendment No. 117 makes a minor grammatical correction. Amendment No. 118 again makes a minor grammatical correction to substitute "a trader" with "the person" to make the language consistent. Amendment No. 119 makes another minor grammatical change.

Amendment No. 120 is a minor technical change to amendment No. 117 to provide for the summary proceedings under Part 4 to be taken by the Central Bank of Ireland. Amendment No. 123 renumbers a subsection because of the addition of a new subsection with amendment No. 122. Amendments Nos. 124, 125, 126, 127 and 128 all make minor grammatical corrections or correct an incorrect cross-reference. Amendments Nos. 127 and 128 are the amendments in that group that correct an incorrect cross-reference.

Amendment No. 129 is a minor technical amendment to insert a right to terminate a hire-purchase agreement under section 73B(3). Amendment No. 130 corrects an incorrect cross-reference. Amendment No. 131 makes a minor grammatical correction. Amendment No. 132 is a small technical amendment to insert the right to terminate a hire-purchase agreement under section 73B(3). Amendment No. 133 makes a minor grammatical correction. Amendment No. 134 corrects an incorrect cross-reference. Amendment No. 135 is a small technical amendment to insert the right to terminate a hire-purchase agreement under section 73B(3). Amendment No. 136 makes a minor grammatical correction. Amendment No. 137 corrects an incorrect cross-reference.

Amendment No. 138 is a minor technical amendment that deletes the reference to a list of provisions and inserts reference to any section 73A to 73H in its place. Amendment No. 139 deletes the list of provisions as mentioned in amendment No. 138. Amendment No. 140 is a clarifying change to the wording referring to the meaning of "alternative dispute resolution procedure". Amendment No. 141 makes a minor technical correction, as do amendments Nos. 150, 151, 152, 153 and 154.

Amendment No. 155 makes a minor technical correction to delete in paragraph 3 of Part 2 of Schedule 5 the words "12 (determination of characteristics of subject matter of contract),".", whose inclusion is inappropriate and could be regarded as contrary to the unfair commercial terms directive. Amendment No. 163 removes the reference to "certain" in regard to hire-purchase and consumer hire agreements from the Long Title. The term is unnecessary and potentially misleading in that it suggests the amendments to the Consumer Credit Act 1995 may not apply to some types of agreements when that is not the case.