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

I move amendment No. 143:

In page 136, between lines 28 and 29, to insert the following: “(c) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—

(i) a remedy to which a consumer is entitled under section 85(1) or 86(2)(a) of the Act of 2022, or

(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022;”.

Amendment No. 143 inserts a new paragraph into section 159, which amends section 71 of the Consumer Protection Act 2007. This is to reflect the fact that section 5A(4) of the Central Bank Act 1942, as inserted by section 94 of the 2004 Act, provides that the functions of the CCPC under specified statutory provisions, which will include Parts 4 and 6 of this Bill, are functions of the Central Bank insofar as they relate to financial services provided by regulated financial service providers.

Amendments Nos. 144, 145 and 146 adjust the paragraphs because of the addition of the new paragraph (c) by amendment No. 143. Amendment No. 147 is a technical amendment that inserts a new subsection into section 17 of the Consumer Protection Act 2007. The purpose of the amendment is to clarify what would not constitute a prohibited act or practice under the section. Amendment No. 148 is a technical amendment that inserts a new subsection into section 75 of the Consumer Protection Act 2007. The purpose of the amendment is to clarify what would not constitute a prohibited act or practice under the section. Amendment No. 149 is a technical amendment to section 79 of the Consumer Protection Act 2007, the purpose of which is to replicate section 142(2) of the Consumer Rights Bill on offences and penalties, and the criteria courts should consider when determining what sentence to impose on a person convicted of an offence under Parts 5 or 6 of this Bill. The purpose of the amendments is to introduce a level of consistency and coherence across both the Consumer Rights Bill 2022 and the Consumer Protection Act 2007.