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

I move amendment No. 31:

In page 33, to delete lines 21 to 27 and substitute the following:

“29. (1) This section applies where goods are sold to a consumer under a contract that provides also for the supply of digital content, a digital service or a service. (2) Where the conditions in subsection (3)are met, the consumer shall have the right—

(a) to terminate the contract, or

(b) to obtain a proportionate reduction in the price payable under the contract.

(3) The conditions referred to in subsection (2) are the following:

(a) if the contract were a contract for the sale of goods only, the consumer would have the right under section 26to obtain a proportionate reduction in the price or to terminate the contract;

(b) the value of the digital content, digital service or service to the consumer would be materially reduced in the absence of the goods.”.

These are straightforward amendments which will ensure that consumers will have the right to obtain a proportionate reduction in the price as well as the right to terminate the contract. It also sets out the obligations of the consumer and trader in the event of a contract termination.

Amendment No. 31 replaces the current section 29(1) to clarify that the consumer has the right to obtain a proportionate reduction in the price as well as the right to terminate the contract.

Amendment No. 32 inserts, in line with the wording of the corresponding provision at section 93(4), “objectively” before “determining”. This is important to make sure that the matter is not to be subjectively determined by the trader.

Amendment No. 33 is a consequential amendment to a cross-referencing that follows amendment No. 34. The insertion of the text by amendment No. 34 is necessary to facilitate the inclusion of a provision in this section on the obligations of the parties in the event of the termination of a mixed contract.

I am proposing a small number of amendments to section 65, most of which are minor and technical in nature to ensure consistency of wording with corresponding provisions in other parts of the Bill.

Amendment No. 60 is to adjust the wording of section 65(2) to reflect that the consumer shall have the right to terminate the contract or to obtain a proportionate reduction in the price payable under the contract. The content of the previous paragraphs, subsections (2)(a) and (2)(b), have been transferred to a new subsection (3).

Amendment No. 61 makes a minor technical change. Amendment No. 62 is a clarifying measure. Amendment No. 63 is the most substantial change because it adds a new subsection (4) to include a provision on the obligations of the parties involved in the event of the termination of a mixed contract. This will align this section with corresponding sections 21 and 29 in Part 2 of the Bill.

Amendment No. 64 makes a minor technical change. This will give a more accurate account of the meaning of such a bundle in directive Directive (EU) 2018/1972 on establishing the European electronic communications code. Amendment No. 65 makes a minor technical change. This will give a more accurate account of the meaning of such a bundle in Directive (EU) 2018/1972 on establishing the European electronic code.

Amendment No. 86 is a technical change and inserts a provision in section 93 on the obligations of the parties in the event of the termination of a mixed contract.