Michael D'Arcy (Wexford, Fine Gael)
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I move amendment No. 25:

In page 6, lines 28 and 29, to delete all words from and including “(1) This” in line 28 down to and including line 29 and substitute the following: “(1) This section provides for remedies that are proportionate to the effects of any misrepresentation on the interests of the insurer and the consumer by reference as to whether the misrepresentation was—

(a) innocent (that is, one that was neither negligent nor fraudulent),

(b) negligent, or

(c) fraudulent.”.

This group of amendments aims to clarify the provisions of the section dealing with "proportionate remedies for misrepresentation". I propose to amend the wording to clarify the categories of misrepresentation being introduced and to remove potential ambiguity. This includes changes to section 7(1) to clarify the categories of misrepresentation that the Bill is seeking to introduce. It is considered that the original wording of this subsection did not serve any useful purpose. Section 7(3) will be changed by deleting "not a deliberate or reckless misrepresentation" and substituting the words "one that was not fraudulent". This is designed to introduce greater clarity as the existing wording refers to two different categories of misrepresentation neither of which is included in the three categories being introduced. There is potential for confusion in the absence of this change. A further change to section 7(3) in establishing the conduct of a consumer is to add "relative to the contract or the steps leading to its formation". This change is introduced for clarity purposes.