Oireachtas Joint and Select Committees

Wednesday, 1 June 2022

Select Committee on Jobs, Enterprise and Innovation

Consumer Rights Bill 2022: Committee Stage

SECTION 1

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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The meeting has been convened for the purpose of considering the Consumer Rights Bill 2022, which was referred to the select committee by order of the Dáil on 17 May. The purpose of the Bill is to consolidate and update legislative provisions regulating the main types of consumer contract. It also gives effect to EU Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services; EU Directive 2019/771 on certain aspects concerning contracts for the sale of goods; and to the main provisions of EU Directive 2019/2161 on the better enforcement and modernisation of Union consumer protection rules.

I welcome Deputy Troy, Minister of State at the Department of Enterprise, Trade and Employment, who is accompanied by his officials.

Groupings are applied to amendments as follows: amendments Nos. 1 to 3, inclusive, and amendments Nos. 8 to 18, inclusive; amendments Nos. 4 and 121; amendments Nos. 5 to 7, inclusive; amendments Nos. 19, 20 and 23 to 30, inclusive; amendments Nos. 35 to 50, inclusive; amendments Nos. 52 to 54, inclusive; amendments Nos. 56 to 59, inclusive; amendments Nos.66 to 69, inclusive; amendments Nos. 71 to 85, inclusive; amendments Nos. 87 to 99, inclusive; amendments Nos.105, 106, 109 to 120, inclusive; amendments Nos. 123 to 141, inclusive; amendments Nos. 150 to 155, inclusive, and amendment No. 163; amendments Nos. 21 and 122; amendments Nos. 31 to 34, inclusive; amendments Nos. 60 to 65, inclusive and amendment No. 86; amendments Nos. 100 to 103, inclusive; amendments Nos. 143 to 149, inclusive; and amendments Nos. 156 to 162, inclusive. All other amendments which are not grouped will be discussed individually.

I propose that we try to complete consideration of Committee Stage of this Bill today. Is that agreed? Agreed.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I thank the committee for its assistance in bringing the Bill to where we are today. The Consumer Rights Bill is a long and complex piece of legislation that transposes three EU directives and updates existing domestic consumer rights law. The purpose of the Bill is to reform, modernise and consolidate consumer protection legislation by bringing existing provisions together in a single enactment while introducing enhanced consumer protection measures. The Bill will give effect to the following three consumer rights directives: directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services; directive 2019/771 on certain aspects concerning contracts for the sale of goods; and the main provisions of directive 2019/2161 on the better enforcement and modernisation of Union consumer protection rules.

This Bill marks an important step forward in consumer protection as it has the safeguarding of consumer rights at its heart. It will be good for traders in that it puts responsible behaviour on a legislative footing and evens the playing field for all, so that traders who do not treat customers fairly and honestly will be held accountable and will not gain an unfair competitive advantage.

Since publication, small errors have emerged, as well as places where more precision or clearer language should be used. The vast majority of Government amendments put forward today are to address these technical issues. It is important we deal with these grammatical, technical and clarifying amendments to ensure the legislation is as accurate and robust as it can be. There are some slightly more substantive amendments being introduced and I will give further explanation of those as we reach them.

I indicated on Second Stage that I would bring forward certain amendments aimed at ensuring the powers of the Competition and Consumer Protection Commission, CCPC, and the Commission for Communications Regulation, ComReg, are sufficient for the additional functions they will have as a result of the Bill. I also intend to bring a technical amendment on the definition of "basic rate" in relation to charges for communications by telephone to bring it into line with a ruling of the European Court of Justice. As these amendments require further development, I put it on notice that I intend to bring them forward on Report Stage.

I also stated on Second Stage that I would bring forward an amendment to section 459 of the Companies Act 2014. However, this amendment is still being finalised. It is therefore my intention to bring forward this amendment on Report Stage. The purpose of the amendment will be to clarify the role of the Minister for Public Expenditure and Reform when holding on trust the unclaimed properties of dissenting shareholders who have not sought to claim the properties in the seven years following an acquisition.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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As the Minister of State has outlined, there is a huge number of amendments, specifically 162, but many of them are technical, relating to small errors, typos, better wording, etc.

Section 1 agreed to.

SECTION 2

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Amendments Nos. 1 to 3, inclusive, and 8 to 18, inclusive, are related and may be discussed together.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 1:

In page 15, line 5, after “contract” ” to insert “(other than in Part 5)

These amendments are straightforward. They are technical amendments aimed at clarifying the meaning of "sales contract". The definition of that term in section 2(1) states it "has the meaning assigned to it by section 11(1)". However, while the main definition of sales contract is in section 11(1), section 10(1) states that the term includes:

(a) a contract concluded between one part-owner and another, and

(b) a contract for the sale of goods to be produced or manufactured by the trader, including goods made to the consumer’s specifications.

As a result, the cross-reference to section 11(1) in the definition of "sales contract" in section 2(1) is too narrow.

Amendments Nos. 1 and 2 refer to minor technical changes. Amendment No. 3 deletes the term "or supply" from section 2(4), which states: "A reference in this Act to the sale or supply of goods includes a reference to the transfer of, or an undertaking to transfer, the ownership of those goods." The reference to the supply of goods in the subsection is incorrect and should be deleted as the supply of goods is generally understood to encompass transactions, such as hire purchase agreements, under which ownership of the goods will not or may not be transferred. Amendment No. 8 removes the provision in section 10 which states what a sales contract includes. Amendment No. 9 makes a minor technical change. Amendment No. 10 follows amendment No. 8 in that it transfers the provision which describes what a sales contract includes into section 11.

Section 12 is subject to a number of clarifying and technical amendments which will ensure accurate transposition of the sale of goods directive Article 3(3) and Article 10(3). These amendments are not policy-driven. Amendment No. 11 adds text to section 12(2)(a) to ensure the subsection clarifies that, in line with the requirements of the sale of goods directive, the digital content or digital services element of such contracts comes within the scope of Part 2. Amendment No. 12 makes a technical change. Amendment No. 13 is a minor technical amendment, necessary to clarify that the contracts referred to in section 12(2)(b) do not include contracts for the sale of goods with digital elements. Amendment No. 14 is a typographical correction. The purpose of amendment No. 15 is to delete section 12(2)(c), which obscures the fact that the contracts referred to are sales contracts, and to replace it with a new subsection (3), to make it clear that contracts for goods with digital elements are to be regarded as sales contracts, irrespective of whether the digital content or service is supplied by the trader or someone else and where the digital content or service is incorporated or interconnected in such a way that its absence would prevent the goods from functioning.

Amendment No. 16 substitutes the word "single" for "sales" to give correct effect to Article 10(3) of the sales directive. Amendment No. 17 is related to these matters and inserts the word "sales" before the word "contract". Amendment No. 18 makes a further minor clarifying change.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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Under amendment No. 3, the word "supply" is being deleted. Is that just a technical thing? That is fine. I just wanted to double-check.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 2:

In page 15, line 25, after “contract” ” to insert “(other than inPart 5)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 3:

In page 16, line 10, to delete “or supply”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 4:

In page 16, between lines 14 and 15, to insert the following: “(6) InParts 2to 4, a reference to a reasonable expectation shall be interpreted having regard objectively to the nature and purpose of the contract concerned, the circumstances of the case and the usages and practices of the parties to the contract.”.

Are amendments Nos. 4 and 121 grouped?

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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They are.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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The purpose of amendments Nos. 4 and 121 is to correct an omission providing for the need for an objective ascertainment of the standard of reasonableness in respect of what a consumer can reasonably expect regarding the nature and purpose of a contract and the circumstances of the case. The provisions that are to be amended give effect to statements in recital 24 of the sale of goods directive and recital 46 of the digital content directive. These amendments clarify the stipulation that apply to several conformity professions in Parts 2, 3 and 8.

Amendment agreed to.

Section 2, as amended, agreed to.

Sections 3 to 8, inclusive, agreed to.

NEW SECTION

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Amendments Nos. 5 to 7, inclusive, are related and may be discussed together.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 5:

In page 18, to delete lines 35 to 38 and in page 19, to delete lines 1 and 2, and substitute the following: “9.(1) Where, before the day on which section 12(1) comes into operation, a contract was concluded to which Part 2 would apply if it had been concluded on or after that day—
(a) the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 shall continue to have effect in relation to the contract as if the amendments made by Part 1 of Schedule 6 had not been made, and

(b) the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003) shall continue to have effect in relation to the contract notwithstanding the revocation of those Regulations by Part 2 of Schedule 1.
(2) Where, before the day on which section 75(1) comes into operation, a contract was concluded to which Part 4 would apply if it had been concluded on or after that day, the Sale of Goods and Supply of Services Act 1980 shall continue to have effect in relation to the contract as if the amendments made by Part 1 of Schedule 6 inserting a new section 38A into that Act and amending section 47 of it had not been made.”.

Amendments Nos. 5 to 7, inclusive, relate to section 9, which sets out the savings provisions. The amendments are technical in nature and are to preserve any rights and obligations, as well as the ability to bring enforcement proceedings, that the Bill would otherwise repeal. These amendments do not present any policy change.

Amendment No. 5 relates to the Sale of Goods Act 1893, the Sale of Goods and Supply of Services Act 1980 and the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003. Amendment Nos. 6 and 7 are to correct incorrect cross-references.

Amendment agreed to.

SECTION 9

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 6:

In page 19, line 3, to delete “section 96(1)” and substitute “section 97(1)

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 7:

In page 19, line 8, to delete “section 126(1)” and substitute “section 127(1)”.

Amendment agreed to.

Section 9, as amended, agreed to.

SECTION 10

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 8:

In page 20, to delete lines 5 to 8.

Amendment agreed to.

Section 10, as amended, agreed to.

SECTION 11

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 9:

In page 20, line 18, to delete “In this Act” and substitute “Subject to subsections (2)to (7)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 10:

In page 20, between lines 27 and 28, to insert the following: “(3) A sales contract may be concluded between one part-owner and another.

(4) A sales contract includes a contract for the sale of goods to be produced or manufactured by the trader, including goods made to the consumer’s specifications.”.

Amendment agreed to.

Section 11, as amended, agreed to.

SECTION 12

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 11:

In page 21, line 12, to delete “contract,” and substitute the following: “contract, including, in the case of a sales contract for the sale of goods with digital elements falling withinsubsection (3), the elements of the contract that relate to the supply of the digital content or digital service, and”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 12:

In page 21, line 13, to delete “subject toparagraph (c),”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 13:

In page 21, line 13, after “contract” to insert “(not being a contract for the sale of goods with digital elements)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 14:

In page 21, line 19, to delete “goods, and” and substitute “goods.”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 15:

In page 21, to delete lines 20 to 28 and substitute the following: “(3) A sales contract for the sale of goods with digital elements falls within this subsection where—
(a) digital content or a digital service is supplied with goods under the contract (irrespective of whether the digital content or digital service is supplied by the trader or another person), and

(b) the digital content or digital service is incorporated in or inter-connected with the goods in such a way that the absence of the digital content or digital service would prevent the goods from performing their functions.”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 16:

In page 22, line 3, to delete “single” and substitute “sales”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 17:

In page 22, line 4, after “the” where it firstly occurs to insert “sales”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 18:

In page 22, between lines 6 and 7, to insert the following: “(8) Nothing in this Part shall affect the entitlement of a consumer to terminate a contract under section 65(2)or 93(2).”.

Amendment agreed to.

Section 12, as amended, agreed to.

Sections 13 to 15, inclusive, agreed to.

SECTION 16

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Amendments Nos. 19, 20, 23 to 30, inclusive, 35 to 50, inclusive, 52 to 54, inclusive, 56 to 59, inclusive, 66 to 69, inclusive, 71 to 85, inclusive, 87 to 99, inclusive, 105, 106, 109 to 120, inclusive, 123 to 141, inclusive, 150 to 155, inclusive, and 163 are related and may be discussed together.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 19:

In page 23, line 35, to delete “requirements referred to in section 15(2)are that the”.

Does the Chairman wish me to deal with the amendments together or go through them individually?

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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You can do them together. I understand they are all technical.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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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.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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There are many amendments in the group. As we said they comprise corrections to typos and better language. It is minor and technical stuff.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 20:

In page 24, line 18, to delete "section 23" and substitute "Chapter 3 of this Part".

Amendment agreed to.

Section 16, as amended, agreed to.

Sections 17 to 20, inclusive, agreed to.

SECTION 21

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Amendments Nos. 21 and 122 will be discussed together.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 21:

In page 28, to delete lines 5 to 12 and substitute the following: “(5) Subject to subsections (2) and (4), where a sales contract for the sale of goods other than goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the sales contract, the consumer’s right to a remedy in respect of a lack of conformity with the sales contract for which the trader is liable under this section shall apply for the period of 6 years beginning with the relevant time.

(6) Where a sales contract for the sale of goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the sales contract, the consumer’s right to a remedy in respect of a lack of conformity with the sales contract for which the trader is liable under this section shall apply for the period of 6 years beginning with the time at which the lack of conformity with the sales contract occurs or becomes apparent during the period so specified in the sales contract.".

The purpose of amendment No. 21 is to ensure section 21 gives correct effect to Article 10 of the sale of goods directive. The updated text ensures that the relevant subsections apply to goods with digital elements where the contract does not provide for the continuous supply of the digital content or digital services over a period. It also ensures that in line with requirements relating to the supply of updates to subsections (4) and (2), amendment No. 21 also adds a new subsection (6), which would only apply to sales contracts for goods with digital elements where the contract provides for the continuous supply of the digital content or digital service over a period.

The purpose of amendment No. 122 is to ensure section 73G(4) as inserted into the Consumer Credit Act 1995 by section 150 gives correct effect to Article 10 of the sale of goods directive. Like amendment No. 21, the updated text ensures that relevant subsections apply to goods with digital elements where the contract does not provide for the continuous supply of the digital content or digital service over a period. It also ensures, in line with the requirements relating to the supply of updates that the paragraph is subject to subsections (2) and (3). The new subsection (5) is section 75G will also apply to hire-purchase agreements for letting of goods with digital elements where the contract provides for the continuous supply of the digital content or digital service over a period.

Amendment agreed to.

Section 21, as amended, agreed to.

Sections 22 to 25, inclusive, agreed to.

NEW SECTION

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I move amendment No. 22:

In page 31, between lines 3 and 4, to insert the following: “Rights in relation to diagnosis, maintenance and repair of electronic equipment
26. (1) In relation to digital electronic equipment sold in the State, a manufacturer shall make available, for the purposes of diagnosis, maintenance or repair of the equipment—
(a) to independent repair providers, and

(b) to owners of the equipment,
in a timely manner and on fair and reasonable terms, relevant documents, parts and tools, including any updates to information or embedded software.

(2) Where a manufacturer has made an express warranty with respect to digital electronic equipment and the wholesale price of the equipment is €100 or more, the manufacturer shall provide such parts, tools, and documents as to enable the repair of the equipment during the warranty period at an equitable price, with due regard to—
(a) the actual cost to the manufacturer of preparing and distributing the parts, tools or documents, exclusive of any research and development costs incurred,

(b) the ability of owners and independent repair providers to afford the parts, tools or documents, and

(c) the means by which the parts, tools or documents are distributed.
(3) In relation to equipment with an electronic security lock or other security-related function, the manufacturer shall make available to the owner and to independent repair providers, on fair and reasonable terms and through secure data release systems where appropriate, any special documents, tools or parts needed to disable the lock or function, and to reset it, for the purposes of diagnosis, maintenance or repair of the equipment.

(4) Both an owner and an independent repair provider may maintain an action against a manufacturer who contravenes subsections (1), (2) or (3), and the court may order the manufacturer to take such action as may be necessary to observe the requirements of the subsection concerned, or to pay damages.

(5) (a) Nothing in this section requires a manufacturer to disclose a trade secret, save as and to the extent necessary to provide documents, parts and tools on fair and reasonable terms.
(b) Subject to paragraph (c), nothing in this section alters the terms of any agreement between a manufacturer and an authorised repair provider.

(c) A provision of an agreement referred to in paragraph (b), or any other agreement, is void insofar as it purports to waive, avoid, restrict or limit a manufacturer’s obligations under this section.
(6) In this section—

“authorised repair provider”, in relation to a manufacturer, means a person who is not a connected person and who has an agreement with the manufacturer—
(a) pursuant to a license to use a trade name, service mark or other proprietary identifier, to offer the services of diagnosis, maintenance or repair of digital electronic equipment under the name of the manufacturer, or

(b) otherwise to provide such services on behalf of the manufacturer,
provided that a manufacturer who offers the services of diagnosis, maintenance or repair of digital electronic equipment manufactured by it or on its behalf, and who does not have an agreement with a connected person for the provision of such services, is an authorised repair provider with respect to that equipment;

“connected person” has the meaning assigned to it by section 10 of the Taxes Consolidation Act 1997;

“digital electronic equipment”—
(a) subject to paragraph (b), means any product that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to the product,

(b) does not include—
(i) mechanically propelled vehicles designed and constructed to be suitable for use on roads, or

(ii) medical devices within the meaning of the Health (Pricing and Supply of Medical Goods) Act 2013;
“document” includes any manual, diagram, reporting output, service code description, schematic, or other guidance or other information used in effecting the services of diagnosis, maintenance, or repair of digital electronic equipment;

“embedded software” means any programmable instructions provided on firmware delivered with digital electronic equipment, or with a part for such equipment, for the purposes of operating the equipment, including all relevant patches and fixes made by the manufacturer of such equipment or part for this purpose;

“firmware” means a software program or set of instructions programmed on digital electronic equipment, or on a part for such equipment, to allow the equipment or part to communicate within itself or with other computer hardware;

“independent repair provider”, means a person who—
(a) in relation to a manufacturer and any authorised repair provider of the manufacturer, is not a connected person, and

(b) is engaged in the diagnosis, maintenance, or repair of digital electronic equipment,
provided that a manufacturer or an authorised provider of a manufacturer is, when engaged in the diagnosis, service, maintenance or repair of digital equipment that is not manufactured by or sold under the name of the manufacturer, an independent repair provider;

“manufacturer” means a person engaged in the business of selling, leasing, or otherwise supplying new digital electronic equipment, or parts of such equipment, that has been made by or on behalf of the manufacturer;

“owner” means a person who owns or leases digital electronic equipment;

“part” means any replacement part, whether new or used, made available by a manufacturer for purposes of maintenance or repair of digital electronic equipment manufactured by or on behalf of, sold or otherwise supplied by the manufacturer;

“tools” includes any software program, hardware implement or other apparatus used for diagnosis, maintenance, or repair of digital electronic equipment, including software or other mechanisms that provision, program or pair a new part, calibrate functionality, or perform any other function required to bring the equipment back to fully functional condition.

(7) A reference in this section to making a document or thing available on fair and reasonable terms means making the document or thing available on terms that are equivalent to the most favourable terms under which a manufacturer makes the document or thing available to an authorised repair provider—
(a) regard being had to any discount, rebate, convenient means of delivery, means of enabling fully restored and updated functionality, rights of use, or other incentive or preference the manufacturer offers to an authorised repair provider, or any additional cost, burden, or impediment the manufacturer imposes on an independent repair provider, and

(b) not conditioned on or imposing a substantial obligation or restriction that is not reasonably necessary for enabling the owner or independent repair provider to engage in the diagnosis, maintenance, or repair of digital electronic equipment made by or on behalf of the manufacturer.”.

This amendment is grounded in the right to repair movement. We are drowning in the detritus of planned obsolescence. One need only visit a local civic amenity site on a Saturday morning to see piles of electronic waste or look at the number of mobile phones that we all have lying in drawers at home and that are beyond use. The amendment is grounded in the idea that we protect the right to repair and ensure that we are part of the movement that fights back against the idea that global companies can build planned obsolescence into products. By passing this amendment, we will fight back against the idea that we should be sold products by some of the world's largest companies knowing full well that they will only last a couple of years. Having built in that obsolescence, we as consumers should have the right to repair the same products. I am speaking specifically about smartphones and tablets, but we are also seeing it now in Kindles, coffee machines, large household appliances and the whole panoply of products that are sold to consumers.

The Minister of State will tell us that we should not be moving ahead of prospective EU legislation but, by accepting the amendment, there is an opportunity for him to be radical and for Ireland to become a leader in ensuring that we as consumers build in the right to repair the products sold to us as we see fit, that consumers are not penalised and that the same conglomerates do not go after entities that repurpose or refurbish iPhones or, to keep this generic, smartphones.

My amendment will not be accepted, so I am anticipating that I will be revisiting this matter on Report Stage. In anticipation of the Minister of State's response, I will not be pressing the amendment, but I wish to keep it on the agenda. We need to ensure that we fight back. I am sick of the fact that if I purchase an iPhone, the software architecture of which allows the hardware to work with the Houses of the Oireachtas, email, WhatsApp and all of the other software that we need to survive in the modern world, that piece of kit will last less than five years or, if I am lucky, five years. Processes and the software start slowing down after two years and the battery cannot be replaced. There is no means by which someone can continue using the product for which he or she has shelled out considerable amounts of money.

People are sick of the fact that they are sitting on a mountain of this electronic detritus. They are sick of the fact that phones are locked or bricked, to use that term. They want to buy products that are recyclable, repairable and designed to last longer, and that is essentially what this amendment, as long winded and all as it is, is about.

I see no reason to say anything else. I wish to hear what the Minister of State has to say on my amendment.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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I will speak in support of the amendment and encourage the Minister of State to ensure that, if it is not accepted as Deputy Sherlock has indicated, we might see something on this matter on Report Stage. No one in this room or participating remotely is hostile to the notion of a right to repair. It is a good thing. Built-in obsolescence is creating a mountain of waste. People often repair their goods, for example, shoes. If you get a hole in your jacket, you do not say that that is it and the jacket needs to go. The right to repair, particularly where technology is concerned, is important. I encourage the Minister of State to consider this matter before Report Stage and devise a suggestion of his own. I would be minded to support Deputy Sherlock's amendment were it pressed, although it will not be. Including a provision on the right to repair in this legislation would be progressive. There is no harm in us leading on such issues. We do not need to wait for the EU to direct us to do the right thing.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I thank the Deputies for their contributions. They are preaching to the converted. My wife believes that I am the most frugal man to walk on shoe leathers. The Deputies are pushing an open door with me where the right to repair is concerned. I appreciate where they are coming from and I considered this amendment with an open mind when it was submitted. I would make the point that the right to repair is part of one of the remedies to be enshrined in this legislation.

As Deputy Sherlock has pre-empted, this amendment is problematic. That is because the sale of goods directive and the digital content directive are maximum harmonisation directives and, as such, I have no discretion in their implementation. The purpose of maximum harmonisation directives is to ensure consistency across the whole of the EU and no member state can introduce new rights in their transposition that would put us out of step with other member states.

I wish to inform my colleagues of something, though. They may already be aware of it but, if not, the European Commission's working party on consumer protection and information is considering a number of proposals to empower consumers to make sustainable consumption decisions. Once such proposal has a particular emphasis of promoting repair and reuse and will consider harmonising certain aspects of consumer law, promoting repair as the primary remedy for consumers. Another proposal under deliberation seeks to improve participation by consumers in the circular economy by providing better information on the durability and repairability of certain products. This involves introducing several requirements, including providing consumers with information on the existence and length of a producer's commercial guarantee of durability for all types of good or on the absence of guarantees in the case of energy-using goods; providing information on the availability of free software updates for all goods with digital elements; and providing information on the repairability of products for all types of good. This initiative also seeks to protect consumers against unfair commercial practices that prevent sustainable purchases, such as early obsolescence.

I would welcome further protection given to consumers around the repairability of electronic equipment and access to maintenance of said equipment.

My officials are actively participating in these working party discussions. However, as I said, because of the fact that it is a maximum harmonisation, I am advised that there is no discretion in the implementation.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I sometimes feel – I would have been accused of this in the past as a Minister of State – that we are perhaps hiding behind EU rules. However, I think there is an opportunity within the amendment not to fall foul of EU rules, because we are merely giving an additional right to the consumer to have that which they have purchased in good faith to be repaired. The amendment describes a particular element. It reads: "In relation to equipment with an electronic security lock or other security-related function, the manufacturer shall make available to the owner and to independent repair providers, on fair and reasonable terms and through secure data release systems where appropriate, any special documents, tools or parts needed to disable the lock or function, and to reset it, for the purposes of diagnosis, maintenance or repair of the equipment."

I do not see how that is injurious to the rights of the manufacturer in terms of fair competition rules from an EU point of view or maximum harmonisation rules. Again, I know the Minister of State is frankly not of a mind to accept the amendment. If I understand the Minister of State correctly, he is sympathetic to what the amendment seeks to do. However, at a time when we are talking about the circular economy - there is legislation before us on that very issue - I think people are just absolutely fed up with the idea of built-in obsolescence. I think we have crossed the Rubicon of people’s patience around it. This amendment, in its own small way, seeks to push back against this rampant consumerism. The Minister of State said he will repair and fix shoe leather and I am of a similar mind. There is a strong movement around people not necessarily wanting the best, new or shiniest, but wanting to repair, reuse and recycle. Longevity is a key thing now in terms of products that we purchase.

I will withdraw the amendment. However, I seek to submit it again or have it revisited on Report Stage.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I appreciate fully what the Deputy said. I genuinely do. I will go back and discuss it with officials again. The clear advice I am being given is that we have no discretion in relation to the harmonisation. However, I will go back and discuss it again to see because I fully appreciate where the Deputy is coming from and it is in the interest of enhancing the Bill that he has submitted the amendment. I appreciate that he is withdrawing it. He fully acknowledged he has the right to resubmit it on Report Stage and signalled that he will do so. We will get the officials to review it again to see if there is any scope whatsoever to enhance it and achieve what the Deputy is trying to achieve. However, the advice I have been given is that there is not at this stage.

Amendment, by leave, withdrawn.

SECTION 26

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 23:

In page 31, line 21, to delete “the following rights”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 24:

In page 31, to delete line 23 and substitute “or”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 25:

In page 31, line 31, to delete “subsection (1)(c)” and substitute “subsection (1)(b)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 26:

In page 32, line 6, to delete “subsection (1)(d)” and substitute “subsection (1)(c)”.

Amendment agreed to.

Section 26, as amended, agreed to.

Section 27 agreed to.

SECTION 28

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 27:

In page 33, line 8, after “14(2)” to insert “or 36(5)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 28:

In page 33, line 9, to delete “section 23(1)” and substitute “section 23(1)or 37(2)(a), or”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 29:

In page 33, line 10, to delete “, or” and substitute “or 37(2)(b).”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 30:

In page 33, to delete line 11.

Amendment agreed to.

Section 28, as amended, agreed to.

NEW SECTION

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Amendments Nos. 31 to 34, inclusive, amendments Nos. 60 to 65, inclusive, and amendment No. 86 are related and will be discussed together.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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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.

Amendment agreed to.

SECTION 29

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 32:

In page 33, line 28, after “In” to insert “objectively”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 33:

In page 33, line 30, to delete “subsection (1)(b)” and substitute “subsection (3)(b)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 34:

In page 33, between lines 35 and 36, to insert the following: “(3) Where the consumer exercises the right to terminate the contract under subsection
(2)

(a) the consumer shall comply with the obligations in section 28(2), and

(b) the trader with whom the consumer has that contract shall comply with the obligations in section 30.”.

Amendment agreed to.

Section 29, as amended, agreed to.

SECTION 30

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 35:

In page 34, line 5, to delete “, 36or 37” and substitute “or 36(5)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 36:

In page 34, line 6, after “23(1)” to insert “or 37(2)(a)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 37:

In page 34, line 7, after “26(2)(b)” to insert “or 37(2)(b)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 38:

In page 34, line 14, after “26(2)(b)” to insert “or 37(2)(b)”.

Amendment agreed to.

Section 30, as amended, agreed to.

SECTION 31

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 39:

In page 35, line 2, to delete “or 30(2)” and substitute “, 30(2) or (7) or 37(4)”.

Amendment agreed to.

Section 31, as amended, agreed to.

SECTION 32

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 40:

In page 35, line 22, to delete “obligations” and substitute “obligation”.

Amendment agreed to.

Section 32, as amended, agreed to.

SECTION 33

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 41:

In page 36, line 2, to delete "sections 30and 31" and substitute "section 30".

Amendment agreed to.

Section 33, as amended, agreed to.

SECTION 34

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 42:

In page 36, line 20, after "contract" to insert "or the trader otherwise fails to comply with the requirements of this Part".

Amendment agreed to.

Section 34, as amended, agreed to.

Sections 35 to 38, inclusive, agreed to.

SECTION 39

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 43:

In page 39, line 4, to delete "of goods".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 44:

In page 39, line 5, to delete "of goods".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 45:

In page 39, line 9, after "proof" to insert "under sales contract".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 46:

In page 39, between lines 10 and 11, to insert the following:
"(k) section 36(delivery of goods under sales contract);".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 47:

In page 39, to delete line 12.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 48:

In page 39, lines 29 and 30, to delete "an alternative dispute resolution procedure within the scope of" and substitute "an ADR procedure within the meaning of".

Amendment agreed to.

Section 39, as amended, agreed to.

Sections 40 to 43, inclusive, agreed to.

SECTION 44

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 49:

In page 41, line 21, to delete "by the relevant time" and substitute "no later than the time of delivery of the goods".

Amendment agreed to.

Section 44, as amended, agreed to.

SECTION 45

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 50:

In page 41, line 36, after "enactment" to insert "(including this Chapter)".

Amendment agreed to.

Section 45, as amended, agreed to.

Section 46 agreed to.

SECTION 47

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 51:

In page 42, line 30, to delete “by mechanical power” and substitute the following:
"solely by mechanical power or solely by electrical power, whether or not the attachment is being used, and having a maximum design speed of no less than 6 kilometres per hour".

This amendment broadens the definition of "motor vehicle" to include all vehicles that do not require pedal power to propel them, for example, bikes that are solely powered by small engines attached to the crossbar. It also ensures that the attachments have a maximum designed speed of no less than 6 km/h to exclude children's toys from the definition.

The rest of the definition in section 47 is unchanged. Subsection (2)(c) is broad enough that will allow other types of personal powered transport vehicles, such as high-powered e-bikes, to be included in the scope of the Consumer Rights Act once they are regulated under road safety legislation which is currently being developed by the Minister for Transport.

Amendment agreed to.

Section 47, as amended, agreed to.

Section 48 agreed to.

SECTION 49

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 52:

In page 43, line 35, to delete "and71" and substitute ", 71and 72".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 53:

In page 44, line 37, to delete "subsection (4)(b)" and substitute "subsection (4)(a)".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 54:

In page 45, between lines 16 and 17, to insert the following:
"(9) Nothing in this Part shall affect the entitlement of a consumer to terminate a contract under section 29(2)or 93(2).".

Amendment agreed to.

Section 49, as amended, agreed to.

Sections 50 to 53, inclusive, agreed to.

SECTION 54

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 55:

In page 49, to delete lines 23 to 30 and substitute the following: “(5) Where—
(a) the consumer fails to install within a reasonable time an update supplied by the trader in accordance with subsection (4),

(b) the trader informed the consumer of the availability of the update and the consequences of a failure of the consumer to install it, and

(c) the failure of the consumer to install the update, or the incorrect installation of the update by the consumer, was not due to shortcomings in the installation instructions provided by the trader,
the trader shall not be liable for any lack of conformity with the digital content contract or digital service contract resulting solely from the failure to install the relevant update.".

This is a minor technical amendment to ensure the precise transposition of the digital content directive. The purpose of this amendment to section 54(5) is to give full effect to the provision at Article 8(3) of the digital content directive, which states:

the trader shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided:

(a) that the trader informed the consumer about the availability of the update and the consequences of the failure ... to install it ...

Amendment agreed to.

Section 54, as amended, agreed to.

Sections 55 and 56 agreed to.

SECTION 57

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 56:

In page 50, line 31, to delete "sections 53and 54" and substitute "sections 53to 55".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 57:

In page 50, lines 33 and 34, to delete "for lack of conformity with the digital content contract or digital service contract provided for in section 61" and substitute "specified in Chapter 3 of this Part".

Amendment agreed to.

Section 57, as amended, agreed to.

Sections 58 to 63, inclusive, agreed to.

SECTION 64

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 58:

In page 57, lines 8 and 9, to delete "section 53or 54" and substitute "sections 53to 55".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 59:

In page 57, line 16, to delete "together with digital content or a digital service".

Amendment agreed to.

Section 64, as amended, agreed to.

SECTION 65

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 60:

In page 57, to delete lines 22 to 26 and substitute the following:
"(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 supply of digital content or a digital service only, the consumer would have the right under section 62to obtain a proportionate reduction in the price or to terminate the contract;

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

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 61:

In page 57, line 27, after "In" to insert "objectively".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 62:

In page 57, line 28, to delete "relevant".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 63:

In page 57, between lines 33 and 34, to insert the following:
"(4) Where the consumer exercises the right to terminate a contract under subsection (2)
(a) the consumer shall comply with the obligations in section 66(3)and (4), and

(b) the trader with whom the consumer has that contract shall comply with the obligations in section 67.".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 64:

In page 57, line 34, to delete "to a bundle within the scope" and substitute the following:
"where a bundle of electronic communications services or a bundle of such services and terminal equipment within the scope of Article 107".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 65:

In page 57, line 36, to delete "which".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 66:

In page 58, line 2, to delete "together with digital content or a digital service".

Amendment agreed to.

Section 65, as amended, agreed to.

SECTION 66

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 67:

In page 58, line 5, to delete "This" and substitute "Subject to section 65(4)(a), this".

Amendment agreed to.

Section 66, as amended, agreed to.

SECTION 67

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 68:

In page 59, line 23, to delete "digital".

Amendment agreed to.

Section 67, as amended, agreed to.

SECTION 68

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 69:

In page 60, line 3, after "63(5)" to insert ", 64(6)(b)(ii)".

Amendment agreed to.

Section 68, as amended, agreed to.

NEW SECTION

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 70:

In page 60, to delete lines 24 to 31 and insert the following: "69.(1) Subject to subsection (2), where the trader fails to comply with the obligation to supply digital content or a digital service that is in conformity with the digital content contract or digital service contract, the consumer shall have the right to withhold payment of any outstanding part of the price until the trader has fulfilled the trader’s obligation to supply digital content or a digital service that is in conformity with the digital content contract or digital service contract.
(2) The part of the price withheld by the consumer under subsection (1)shall be proportionate to the decrease in the value of the digital content or digital service

received by the consumer compared with the value that the digital content or digital service would have if it were in conformity with the contract.".

Amendment No. 70 is a minor amendment to tidy up the language of this section so that the right to withhold payment is linked to the lack of conformity of the digital content or digital services provided under the digital content contract or digital services contract. The current wording provides that "The consumer shall have the right to withhold payment of any outstanding part of the price until the trader has fulfilled the trader's obligations under this Part."

Amendment agreed to.

SECTION 69

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 71:

In page 60, line 34, to delete "obligations under this Part" and substitute the following:
"obligation to supply digital content or a digital service that is in conformity with the digital content contract or digital service contract".

Amendment agreed to.

Section 69, as amended, agreed to.

Section 70 agreed to.

SECTION 71

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 72:

In page 61, line 28, to delete "conformity with digital content contract or digital service contract" and substitute the following: "digital content or digital service to be in conformity with digital content contract or digital service contract".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 73:

In page 61, between lines 33 and 34, to insert the following: "(g) section 56(implied terms of digital content contract or digital service contract);".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 74:

In page 61, line 35, after "trader" to insert "under digital content contract or digital service contract".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 75:

In page 61, line 36, after “proof” to insert “under digital content contract or digital service contract".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 76:

In page 62, lines 13 and 14, to delete "an alternative dispute resolution procedure within the scope of" and substitute "an ADR procedure within the meaning of".

Amendment agreed to.

Section 71, as amended, agreed to.

Sections 72 to 74, inclusive, agreed to.

SECTION 75

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 77:

In page 63, line 24, to delete "87" and substitute "88".

Amendment agreed to.

Section 75, as amended, agreed to.

Sections 76 and 77 agreed to.

SECTION 78

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 78:

In page 65, line 35, to delete “section 84” and substitute “sections 84and 91”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 79:

In page 66, line 3, to delete “sections 85 and 86” and substitute “sections 85, 86and 91”.

Amendment agreed to.

Section 78, as amended, agreed to.

Sections 79 to 84, inclusive, agreed to.

SECTION 85

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 80:

In page 70, line 8, after “In” to insert “objectively”.

Amendment agreed to.

Section 85, as amended, agreed to.

Section 86 agreed to.

SECTION 87

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 81:

In page 72, line 7, to delete “in accordance with subsection (3)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 82:

In page 72, line 8, after “contract” to insert “in accordance withsubsection (3)”.

Amendment agreed to.

Section 87, as amended, agreed to.

SECTION 88

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 83:

In page 73, line 5, to delete “the obligation imposed by subsection (3)(a)” and substitute the following: “an obligation imposed by subsection (3)or fails to return the goods and any other materials under an agreement such as is mentioned in subsection (5)”.

Amendment agreed to.

Section 88, as amended, agreed to.

Sections 89 to 92, inclusive, agreed to.

SECTION 93

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 84:

In page 75, line 3, to delete “supply of goods,” and substitute “sale of goods or the supply of”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 85:

In page 75, line 16, after “contract” to insert “or a proportionate reduction in the price payable under the contract”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 86:

In page 75, between lines 21 and 22, to insert the following: “(5) Where the consumer exercises the right to terminate the contract under subsection (2)
(a) the consumer shall comply with the obligations in section 88(3), and

(b) the trader with whom the consumer has that contract shall comply with the obligations in section 89.”.

Amendment agreed to.

Section 93, as amended, agreed to.

SECTION 94

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 87:

In page 75, line 35, to delete “duty to supply service” and substitute “service to be”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 88:

In page 75, line 36, to delete “of service”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 89:

In page 76, line 1, to delete “of service”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 90:

In page 76, between lines 2 and 3, to insert the following: “(e) section 82(implied terms of service contract);”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 91:

In page 76, lines 18 and 19, to delete “an alternative dispute resolution procedure within the scope of” and substitute “an ADR procedure within the meaning of”.

Amendment agreed to.

Section 94, as amended, agreed to.

SECTION 95

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 92:

In page 76, line 26, after “contract” to insert “or the trader otherwise fails to comply with the requirements of this Part”.

Amendment agreed to.

Section 95, as amended, agreed to.

SECTION 96

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 93:

In page 77, line 6, to delete “and in Schedules 2and 3”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 94:

In page 77, between lines 19 and 20, to insert the following: “ “goods” includes digital content that is supplied on a tangible medium;”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 95:

In page 77, between lines 29 and 30, to insert the following: “ “sales contract” has the meaning assigned to it bysection 11(1)and includes, a contract that has as its object both the sale of goods and the supply of a service;”.

Amendment agreed to.

Section 96, as amended, agreed to.

SECTION 97

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 96:

In page 78, line 8, to delete “101(2)” and substitute “104”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 97:

In page 78, line 14, to delete “digital content contract” and substitute “contract for the supply of digital content that is not supplied on a tangible medium”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 98:

In page 79, between lines 33 and 34, to insert the following: “(9) Chapter 5shall also apply to a contract, concluded on or after the day on which this section comes into operation, for—
(a) a service in addition to the urgent repairs or maintenance requested by the consumer, and

(b) goods other than replacement parts necessarily used in carrying out the maintenance or making the repairs,

provided by the trader on the occasion of a visit made for the purpose of carrying out urgent repairs or maintenance.”.

Amendment agreed to.

Section 97, as amended, agreed to.

Sections 98 to 109, inclusive, agreed to.

SECTION 110

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 99:

In page 87, line 32, to delete “section 114.” and substitute “section 113.”.

Amendment agreed to.

Section 110, as amended, agreed to.

SECTION 111

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Amendments Nos. 100 to 103, inclusive, are related and may be discussed together by agreement.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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Is amendment No. 104 being discussed separately?

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Yes. Amendments Nos. 100 to 103, inclusive, will be discussed together and No. 104 will be discussed separately.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 100:

In page 88, to delete lines 4 to 7 and substitute the following: “(a) a service contract, where the service has been fully supplied and the supply of the service began with the consumer’s prior express consent and acknowledgement that he or she will lose the right to cancel once the service has been fully supplied by the trader,”.

There are a small number of amendments proposed to section 111. Their purpose is to give full and accurate effect to Article 16 of the consumer rights directive, as amended by Article 4(12) of the better enforcement and modernisation directive. These are small technical changes to clarify the section and do not reflect a policy change. As some digital service contracts will involve the payment of a price by the consumer while others will not, Article 16(a) provides for different rules for the two forms of contract. Sections 111(1)(a) to 111(1)(d) of the Bill deal with the application of Chapter 5 to service contracts. The proposed amendments revise these subsections.

Amendment No. 100 deletes the current section 111(1)(a) as it is unnecessary given that the provisions contained therein are already provided for in section 97(2)(b). It replaces this with the text of the current section 111(1)(d). This is because section 111(1)(d) gives effect to the first of the application provisions in Article 16 of the consumer rights directive. It is therefore appropriate to transfer the text of section 111(1)(d) to section 111(1)(a).

Amendments Nos. 101 and 102 amend section 111(1)(b) to ensure that Chapter 5 does not apply to digital service contracts after the digital service has been fully supplied if the contract does not place the consumer under an obligation to pay the price of the digital service. This takes account of the fact that, for digital service contracts that do not place the consumer under an obligation to pay the price of a digital service, only the first part of Article 16(a) of the consumer rights directive applies.

Amendment No. 103 replaces the current sections 111(1)(c), 111(1)(e) and 111(1)(f). The current text of section 111(1)(c) is deleted and replaced to provide that Chapter 5 does not apply to the digital service contract after the digital service has been fully supplied if the contract places the consumer under an obligation to pay the price of the service and supply of the digital service has begun with the consumer's prior expressed consent and acknowledgement that he or she will lose the right to cancel the contract once it has been fully performed by the trader. This gives effect to both parts of Article 16(a) of the consumer rights directive. A new section 111(1)(d) is to be inserted to provide that Chapter 5 does not apply to a contract for the supply of digital content not supplied on a tangible medium where the supply of the digital content has begun and the contract does not place the consumer under an obligation to pay the price of the digital content. This change gives proper effect to Article 16(m) of the consumer rights directive.

For digital content contracts that place the consumer under an obligation to pay the price of the digital content, Article 16(m) applies in full. The new section 111(1)(e) provides accordingly that Chapter 5 does not apply to a contract for the supply of digital content not supplied on a tangible medium where the performance of the digital content has begun if the contract places the consumer under an obligation to pay, the consumer has provided prior express consent to the performance of the digital content beginning during the cancellation period and acknowledges that he or she thereby loses the right to cancel the contract and the trader has provided confirmation of the contract in accordance with section 105 or, as the case may be, section 109.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 101:

In page 88, line 9, to delete “the consumer—” and substitute the following: “the consumer does not pay or undertake to pay the price of the digital service, where the digital service has been fully supplied,”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 102:

In page 88, to delete lines 10 to 14.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 103:

In page 88, to delete lines 15 to 37 and substitute the following: “(c) a contract under which the trader supplies or undertakes to supply a digital service to the consumer and under which the consumer pays or undertakes to pay the price of the digital service, where—
(i) the digital service has been fully supplied, and

(ii) the supply of the digital service began with the consumer’s prior express consent and acknowledgement that he or she will lose the right to cancel once the digital service has been fully supplied by the trader,
(d) a contract under which the trader supplies or undertakes to supply digital content that is not supplied on a tangible medium to the consumer and under which the consumer does not pay or undertake to pay the price of the digital content, where supply of the digital content has begun,

(e) a contract under which the trader supplies or undertakes to supply digital content that is not supplied on a tangible medium to the consumer and under which the consumer pays or undertakes to pay the price of the digital content, where—
(i) supply of the digital content has begun,

(ii) the consumer provided prior express consent to the supply beginning during the cancellation period and an acknowledgement that he or she will thereby lose the right to cancel, and

(iii) the trader provided confirmation of the contract in accordance with section 105 or, as the case may be, section 109,”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 104:

In page 89, to delete lines 31 to 35, and in page 90, to delete lines 1 and 2.

Amendment No. 104 removes section 111(2) from this section because its text has been inserted into section 97 as per amendment No. 98 as it is deemed that these provisions fit more appropriately into that section, which sets out the application of Part 5.

Amendment agreed to.

Section 111, as amended, agreed to.

Sections 112 to 118, inclusive, agreed to.

SECTION 119

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 105:

In page 96, line 23, to delete “within the scope of that section” and substitute “to which that section applies”.

Amendment agreed to.

Section 119, as amended, agreed to.

Sections 120 to 126, inclusive, agreed to.

SECTION 127

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment 106:

In page 101, line 19, after “(6)” to insert “and section 140(2)(b)”.

Amendment agreed to.

Section 127, as amended, agreed to.

Sections 128 and 129 agreed to.

SECTION 130

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I move amendment No. 107:

In page 103, between lines 18 and 19, to insert the following: “(4) (a) Without prejudice to the generality of the foregoing, where a trader supplies a service to subscribers, it is an unfair term of the contract under which the service is provided if the trader, in relation to provision of the same or substantially the same service, charges consumers who are renewing their subscription a higher fee than the trader charges consumers who are new subscribers.

(b) In paragraph (a)“subscriber” means a consumer who receives a service from a trader pursuant to a contract where, on payment of a periodic fee, the contract with the trader under which the service is supplied is successively renewed or rolled over, whether the fee is calculated solely by reference to a period of time or by reference to the amount of service received during that period, or by a combination of both; and “subscription” shall be construed accordingly.”.

The essence of this amendment is that it is a ban on penalising loyal customers more for renewing a subscription than the price offered to new customers. It goes back to the theme of the previous amendment, which basically buttresses the rights of consumers, which is what the legislation is about. We have seen in the past, however, the practice whereby customers of long standing find themselves at a price disadvantage relative to new customers where one seeks to attract new customers to a service, whether a digital service, an online service or whatever else that service may be. From a consumer rights point of view, it is a matter of ensuring, as I said, that loyal customers are not penalised more for renewing a subscription than the price offered to new customers.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I fully accept where the Deputy is coming from. Later today, in another Chamber, Report Stage of the Insurance (Miscellaneous Provisions) Bill will be debated. That is a Bill to ban the practice to which the Deputy refers in the insurance industry. I see where the Deputy is coming from.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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And I see where the Minister of State is going.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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Yet we are going to have a discussion about it.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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The problem is that the Bill is already behind schedule in respect of the transposition of three directives and we run the risk of facing infringement proceedings if the Bill is not enacted at the earliest opportunity. If the Deputy withdraws the amendment, however, I will see if we can do something on Report Stage. When we looked at the insurance Bill, we found that it needed a market study because we do not want unintended consequences. The practice of discounts is widely used by service providers as a way of attracting new customers. It is an important competitive dynamic, which, among other things, has facilitated new entrants into the market, and we certainly do not want to risk that. It took some market analysis to get to where we are with the insurance Bill to which I referred a minute ago. We are unlikely to be able to do that type of policy deliberation and analysis before Report Stage. I will certainly look at the matter again because I accept where the Deputy is coming from. Perhaps there is an opportunity to work with the Department of Finance on the preparatory work it has done to get to where it is with its legislation on the insurance market and to see if we could borrow some of that work to help feed into this legislation.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I thank the Minister of State for his response. He has left the door ajar for me on this. On that basis, I will withdraw the amendment with a view to resubmission on Report Stage, pending further discussion, as offered by the Minister of State.

Amendment, by leave, withdrawn.

Section 130 agreed to.

Sections 131 to 139, inclusive, agreed to.

SECTION 140

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 108:

In page 109, to delete lines 13 to 19 and substitute the following: “140.(1) This section applies where an authorised body—
(a) publishes under section 139(1)a copy of an order under section 137(1)declaring that the term of a consumer contract to which the order relates is unfair, or

(b) publishes a notice under section 139(3)setting out that term.
(2) Where, after the date on which the authorised body publishes an order or notice in respect of which this section applies, a trader—
(a) enters into a consumer contract containing the term to which the order or notice, as the case may be, relates, or

(b) seeks to rely on that term in a consumer contract (whenever concluded), the trader commits an offence.”.

This is a technical amendment to clarify the impact of a declaration of a term being unfair and sets out the obligations of traders in those circumstances. Because paragraph (b) gives rise to criminal sanction, it is preferable to clarify what is meant by the word "use". Under the current formulation, criminal liability could potentially attach to traders who have issued contracts that simply contain a term that is subsequently deemed to be unfair, even though they may have no intention of relying on that term following determination of its unfairness. The new formulation provides that a trader should not enter into a new customer contract subsequent to the declaration which contains an unfair term or, in the case of an existing contract, attempt to rely on a term which is already contained in consumer contracts concluded prior to the declaration and which has subsequently been the subject of a declaration.

Amendment agreed to.

Section 140, as amended, agreed to.

SECTION 141

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 109:

In page 109, line 26, after “Bank” to insert “of Ireland”.

Amendment agreed to.

Section 141, as amended, agreed to.

SECTION 142

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 110:

In page 110, line 1, to delete “what sentence” and substitute “the sentence”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 111:

In page 110, line 3, to delete “criteria—” and substitute “criteria:”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 112:

In page 110, line 4, to delete “infringement,” and substitute “infringement;”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 113:

In page 110, line 5, to delete “a trader” and substitute “the person”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 114:

In page 110, to delete line 6 and substitute “consumers;”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 115:

In page 110, line 7, to delete “a trader,” and substitute “the person;”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 116:

In page 110, line 8, to delete “a trader” and substitute “the person”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 117:

In page 110, line 9, to delete “available,” and substitute “available;”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 118:

In page 110, line 10, to delete “a trader” and substitute “the person”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 119:

In page 110, line 11, to delete “in cross-border cases, and” and substitute the following: “in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004;”.

Amendment agreed to.

Section 142, as amended, agreed to.

Sections 143 to 146, inclusive, agreed to.

SECTION 147

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 120:

In page 112, to delete lines 1 to 9 and substitute the following: “(2) Summary proceedings for an offence under Part 4or 6may be brought and prosecuted by—
(a) the Competition and Consumer Protection Commission,

(b) the Commission for Communications Regulation in relation to an offence relating to a function that is exercisable by that Commission, or

(c) the Central Bank of Ireland in relation to an offence relating to a function that is exercisable by the Bank.
(3) Summary proceedings for an offence under Part 5may be brought and prosecuted by—
(a) the Competition and Consumer Protection Commission, or

(b) the Commission for Communications Regulation in relation to an offence relating to a function that is exercisable by that Commission.”.

Amendment agreed to.

Section 147, as amended, agreed to.

SECTION 148

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 121:

In page 113, to delete lines 23 to 28 and substitute the following: “ “(10) In Part VI, a reference to a reasonable expectation shall be interpreted having regard objectively to the nature and purpose of the hire-purchase agreement, the circumstances of the case and the usages and practices of the parties to the agreement.”.”.

Amendment agreed to.

Section 148, as amended, agreed to.

Section 149 agreed to.

SECTION 150

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 122:

In page 119, to delete lines 33 to 42 and substitute the following: “(4) Subject to subsections (2) and (3), where a hire-purchase agreement for the letting of goods other than goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the hire-purchase agreement, the hirer’s right to a remedy in respect of a lack of conformity with the hire-purchase agreement for which the owner is liable under this section shall apply for the period of 6 years beginning with the relevant time.

(5) Where a hire-purchase agreement for the letting of goods with digital elements provides for a continuous supply of digital content or a digital service for a period specified in the hire-purchase agreement, the hirer’s right to a remedy in respect of a lack of conformity with the hire-purchase agreement for which the owner is liable under this section shall apply for the period of 6 years beginning with the time at which the lack of conformity with the hire-purchase agreement occurs or becomes apparent during the period so specified.”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 123:

In page 120, line 1, to delete “(5) In this section” and substitute “(6) In this section”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 124:

In page 123, line 15, to delete “and to” and substitute “or”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 125:

In page 123, lines 39 and 40, to delete “the following rights”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 126:

In page 123, line 42, to delete “and” and substitute “or”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 127:

In page 124, line 9, to delete “(1)(c)” and substitute “(1)(b)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 128:

In page 124, line 26, to delete “(1)(d)” and substitute “(1)(c)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 129:

In page 125, line 35, after “exercises” to insert “the right to terminate a hire-purchase agreement under section 73B(3),”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 130:

In page 125, line 36, to delete “73I(1)” and substitute “73I(1)(a)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 131:

In page 125, line 37, to delete “the hire-purchase” and substitute “a hire-purchase”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 132:

In page 126, between lines 5 and 6, to insert the following: “(a) the right to terminate a hire-purchase agreement under section 73B(3),”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 133:

In page 126, line 6, to delete “the hire-purchase” and substitute “a hire-purchase”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 134:

In page 126, line 7, to delete “section 73I(1)” and substitute “section 73I(1)(a)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 135:

In page 127, between lines 4 and 5, to insert the following: “(b) the exercise of the right to terminate the hire-purchase agreement under section 73B(3),”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 136:

In page 127, line 5, after “of” to insert “the”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 137:

In page 127, line 6, to delete “section 73I(1)” and substitute “section 73I(1)(a)”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 138:

In page 129, line 21, to delete “the following provisions:” and substitute “any of sections 73A to 73H.”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 139:

In page 129, to delete lines 22 to 28.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 140:

In page 130, lines 5 and 6, to delete “an alternative dispute resolution procedure within the scope of” and substitute “an ADR procedure within the meaning of”.

Amendment agreed to.

Section 150, as amended, agreed to.

Section 151 agreed to.

SECTION 152

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 141:

In page 133, between lines 9 and 10, to insert the following: “(i) by the deletion of paragraphs (k) and (l),”.

Amendment agreed to.

Section 152, as amended, agreed to.

Sections 153 to 157, inclusive, agreed to.

NEW SECTION

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I move amendment No. 142:

In page 135, after line 37, to insert the following: “Amendment of section 66 of Act of 2007 (consumer complaints)

158. The Consumer Protection Act 2007 is amended by the insertion of the following after section 66:
“Part 4B

SUBSCRIBER COMPLAINTS HANDLING
Interpretation and application of Part

66C.(1) In this Part—
‘complaint’—
(a) means any expression of a subscriber’s dissatisfaction and his or her expectation of a response or resolution, and

(b) includes any request by a subscriber for information or assistance, made to a trader and arising from difficulties experienced in relation to a service provided by the trader to the subscriber;
‘subscriber’ means a consumer who receives a service from a trader pursuant to a contract where, on payment of a periodic fee, the contract with the trader under which the service is supplied is successively renewed or rolled over, whether the fee is calculated solely by reference to a period of time or by reference to the amount of service received during that period, or by a combination of both; and ‘subscription’ shall be construed accordingly.
(2) This Part applies to traders who supply a service to subscribers.

Requirement to establish complaints handling scheme

66D. (1) The Commission may—
(a) by regulation require traders to which this Part applies to establish a scheme for handling subscriber complaints (in this Part referred to as a ‘scheme’) in relation to the trader’s service or the supply of the service, and

(b) prepare and publish guidelines applicable to traders concerning the establishment, form and operation of a scheme.
(2) Before making regulations or publishing guidelines under this Part, the Commission may prepare draft regulations and draft guidelines and may consult with any person, as the Commission considers appropriate.

(3) Regulations under this Part may, as respects to schemes, specify different requirements by reference to the class of trader concerned (being a class defined by reference to the commercial sector, the turnover of traders, the number of subscribers to the service or such other matters as the Commission considers appropriate).

Provisions of complaints handling scheme

66E. Regulations under this Part may—
(a) require traders to attempt to resolve subscriber complaints and, as appropriate, to provide subscribers with a satisfactory explanation, an apology or some other form of redress,

(b) require the provision of information to subscribers in relation to the scheme and how it may be availed of, including details of how to contact the trader and specifying minimum requirements in relation to a trader’s response to contacts initiated by post, telephone and electronic communications,

(c) require procedures under a scheme to comprise specified steps, and require one or more of the steps to be taken or completed within specified periods,

(d) require traders to notify subscribers of the timescales for each step, and of the trader’s commitments and standards in relation to response times,

(e) require traders to include a procedure for escalating complaints to a more senior specified person where a subscriber is dissatisfied having completed the first step in the complaints process,

(f) require traders to provide subscribers with details of how the Commission can assist in resolving complaints which the trader has not resolved to the subscriber’s satisfaction and how the Commission can be contacted, and

(g) prescribe such other requirements as the Commission considers necessary or expedient for the purpose of enabling complaints to be dealt with or resolved.
Remedies and penalties

66F. (1) A trader who is required by regulations under this Part to establish a scheme and who fails to do so is guilty of an offence.

(2) A trader who establishes a scheme in accordance with regulations under this Part and who persistently fails to comply with the provisions of that scheme is guilty of an offence.

(3) For the purposes of Part 5, ‘prohibited act or practice’ includes:
(a) the failure by a trader to establish a scheme where he or she is required by regulations under this Part to do so; and

(b) the persistent failure by a trader who establishes a scheme in accordance with regulations under this Part to comply with the provisions of that scheme.”.”.

I would like to hear the Minister of State's response before I speak to the amendment.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I know where the Deputy is coming from but this amendment is a duplication and I do not think there is a need for it. The proposed amendment relates to the handling of consumer complaints and seeks to insert four new sections into the Consumer Protection Act 2007. The proposed section 66C refers to complaints in the context of subscribers who receive a service from traders where that contract is successively renewed or rolled over. This definition is relatively broad and, as I said previously, there is a complex landscape here that involves multiple sectoral regulators, most of which already require traders to operate complaints handling processes and provide access to alternative dispute resolution services. In many instances, this requirement is linked to their licensing agreements. For example, ComReg provides a complaint handling service called ComReg Connects for broadband, home phone and mobile phone consumer complaints. Service providers are required to have a code of practice for handling consumer complaints. Their code should contain all the information customers need to make a complaint, including information on refunds where appropriate. Service providers have ten working days to resolve complaints, after which time customers can request ComReg’s assistance. Customer complaints that remain unresolved for more than 40 working days can be escalated to ComReg’s dispute resolution procedure and ComReg can then adjudicate. While I see where the Deputy is coming from, I feel there is a duplication in this amendment. Rather than enhancing the Bill, it would put an onus on another body, the CCPC, where the responsibility for this already rests with sectoral regulators such as ComReg or the CRU. I do not intend to accept this amendment.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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The justification for the amendment is the lived experience of consumers who take out contracts, with broadband providers in particular. Often, the consumer purchases a broadband product, such as fibre to the home or a copper line, that is advertised as providing 1 GB but it provides less than that and there are dropouts and blackouts in the service provision. The consumer might pay €80 for that. I raised this on Second Stage. I know there is a withholding arrangement built into the legislation in relation to moneys. I fully accept that I may not be on the right track here so I have an open mind on this matter. I am trying to ensure that, where the consumer goes through all the steps with the provider and where it is found that the trader did not adhere fully to the legislation, there is a stick built in whereby the provider will become guilty of an offence. We have enough anecdotal evidence based on our own experiences as public representatives of services having failed people where there is a contract to supply. I am open to correction on this but there do not appear to be sufficient penalties built in to ensure manners are put on the providers. This amendment seeks to provide some remedy for the consumer, as well as some penalty for the provider. Most people's experiences are positive and that is fully acknowledged. Establishing a scheme that is unambiguous in its nature will provide a clear charter, for want of a better expression, to the consumer and the provider where there is an absolute understanding of the expectations on the provider or the trader. That is where I am coming from. ComReg is overloaded and is not resourced. Let us call a spade a spade. We know that so let us acknowledge that. There are not enough personnel in ComReg and policing these issues has been a perennial problem. People will be reluctant to withdraw a part of their payment for lack of a service if they do not feel there are enough protections built in.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I would go back to the point that we are giving ComReg the same enforcement powers as the CCPC as part of this Bill. This amendment is a duplication as it is asking the CCPC to do exactly what ComReg can do. It will have new and enhanced enforcement powers similar to the CCPC as part of this Bill. As the Deputy rightly alluded to, this Bill will for the first time give consumers the right to withhold payment for poor service. However, there is quite clearly a dispute mechanism in place at the moment for broadband, home phone and mobile phone services and that rests with ComReg. Consumers can make a complaint to the service provider and it has ten days to resolve the complaint. Where that does not happen, they can refer the matter to ComReg and then there is a process by which it can intervene and escalate the problem. Heretofore, ComReg did not have the same enforcement powers as the CCPC but it will after the enactment of this Bill. Why would we give the CCPC a role in this while we are enhancing the powers of ComReg in order to do exactly what it can do? Does the Deputy understand what I am saying?

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I will withdraw the amendment but I might come back to it on Report Stage.

Amendment, by leave, withdrawn.

Section 158 agreed to.

SECTION 159

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Amendments Nos. 143 to 149, inclusive, are related and may be taken together.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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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.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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On amendments Nos. 147 and 148, why is the provision of a financial service excluded? Am I missing something, or is it included somewhere else? I know the amendments are technical ones, so I do not want to labour the point. I am just asking why the provision of a financial service is excluded.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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It comes back to ensuring the maximum harmonisation and consistency. As the Deputy will note, the functions of the Central Bank are expressed as they relate to a financial service provided by a regulated financial provider. It is not that we are trying to exclude it. We are just trying to clarify it.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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That is perfect.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 144:

In page 136, line 29, to delete “(c) the use” and substitute “(d) the use”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 145:

In page 136, line 32, to delete “(d) the use” and substitute “(e) the use”.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 146:

In page 136, line 35, to delete “(e) the use” and substitute “(f) the use”.

Amendment agreed to.

Section 159, as amended, agreed to.

SECTION 160

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 147:

In page 137, lines 14 and 15, to delete all words from and including “Section” in line 14 down to and including line 15 and substitute the following: “Section 73 of the Act of 2007 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) In this section ‘prohibited act or practice’ does not include:
(a) a contravention of section 59(2) (respecting weighing facilities in grocery retail);

(b) a contravention of section 60(1) (respecting preventing the reading of prices);

(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 undersection 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.”,
and

(b) by the substitution of the following subsection for subsection (7):”.

Amendment agreed to.

Section 160, as amended, agreed to.

Section 161 agreed to.

SECTION 162

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 148:

In page 137, between lines 31 and 32, to insert the following: “(a) by the substitution of the following subsection for subsection (1):
“(1) In this section ‘prohibited act or practice’ does not include—
(a) a contravention of a regulation under section 57 (respecting price display regulations),

(b) 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 90of the Act of 2022.”,”.

Amendment agreed to.

Section 162, as amended, agreed to.

Section 163 agreed to.

NEW SECTION

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 149:

In page 138, between lines 18 and 19, to insert the following: “Amendment of section 79 of Act of 2007

164.Section 79 of the Act of 2007 is amended—
(a) in subsection (1)(a), by the substitution of “a class B fine” for “a fine not exceeding €3,000”, and

(b) by the insertion of the following subsection after subsection (7):
“(7A) Where a court is determining the sentence to impose on a person convicted of an offence under any of Chapters 1 to 4 of Part 3 or this section, it shall take account, so far as applicable, of the following indicative and non-exhaustive criteria:
(a) the nature, gravity, scale and duration of the infringement;

(b) any action taken by the person to mitigate or remedy the damage suffered by consumers;

(c) any previous infringements of the provisions of any of those Chapters or of this section by the person;

(d) the financial benefits gained or losses avoided by the person due to the infringement, if the relevant data are available;

(e) any penalties imposed on the person for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004;

(f) any other aggravating or mitigating factors applicable in the circumstances of the case.”.”.

Amendment agreed to.

Section 164 deleted.

Sections 165 to 167, inclusive, agreed to.

SECTION 168

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 150:

In page 140, to delete line 24 and substitute the following:

"

the Consumer Rights Act 2022

".

Amendment agreed to.

Section 168, as amended, agreed to.

SECTION 169

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 151:

In page 141, to delete line 23 and substitute the following:

"

the Consumer Rights Act 2022

".

Amendment agreed to.

Section 169, as amended, agreed to.

SECTION 170

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 152:

In page 141, to delete lines 34 and 35 and substitute the following:

"

50.
Consumer Rights Act 2022 Parts 4 and 6

".

Amendment agreed to.

Section 170, as amended, agreed to.

SECTION 171

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 153:

In page 142, line 25, to delete “67,”.

Amendment agreed to.

Section 171, as amended, agreed to.

Section 172 agreed to.

SECTION 173

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 154:

In page 143, line 11, to delete “instrument” and substitute “instruments”.

Amendment agreed to.

Section 173, as amended, agreed to.

Schedules 1 to 4, inclusive, agreed to.

SCHEDULE 5

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 155:

In page 154, lines 17 and 18, to delete “, 12 (determination of characteristics of subject matter of contract),”.

Amendment agreed to.

Schedule 5, as amended, agreed to.

SCHEDULE 6

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Amendments Nos. 156 to 162, inclusive, may be discussed together.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 156:

In page 159, to delete lines 5 to 17 and substitute the following:

"

“(5) This section shall not apply to a contract to which Parts 2to 4of the Consumer Rights Act 2022applies.”.

."

Schedule 6 requires a number of minor technical amendments. These changes do not reflect a change in policy direction. Amendment No. 156 is a technical amendment to Part 1 of Schedule 6 Part 1. Amendment No. 157 is a minor technical amendment to substitute the word "sentence" for "penalty". Amendment No. 158 is a minor clarifying amendment which inserts a reference to EU regulation 2017/2394 on co-operation between national authorities responsible for the enforcement of consumer protection laws that relate to cross-border cases. Amendment No. 159 makes a minor grammatical change. Amendments No. 160 to 162, inclusive, are technical amendments to Part 2 of Schedule 6. The purpose is to replace the reference to Directive 1999/44/EC in paragraph 7 of the schedule to the regulations with a reference to EU Directive 2019/771.

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 157:

In page 162, to delete lines 15 to 25 and substitute the following:

"

“8A. Where a court is determining the sentence to impose on a person convicted of an offence under Regulation 7(2), it shall take account, so far as applicable, of the following indicative and non-exhaustive criteria:

".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 158:

"

(e) any penalties imposed on the person for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004;

".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 159:

In page 163, to delete lines 19 to 26 and substitute the following:

"

(f) any other aggravating or mitigating factors applicable in the circumstances of the case.”.

".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 160:

In page 163, to delete lines 28 to 37 and substitute the following:

"

(a) in column 3 opposite Reference Number 1, by the substitution of “Part 6of the Consumer Rights Act 2022” for “European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995)”,

(b) in column 2 opposite Reference Number 3, by the substitution of “Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.” for “Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1995 on certain aspects of the sale of consumer goods and associated guarantees.”,

(c) in column 3 opposite Reference Number 3, by the substitution of “Part 2of the Consumer Rights Act 2022” for “European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003)”,

(d) in column 3 opposite Reference Number 9, by the insertion of the following after “Competition and Consumer Protection Act 2014 (No. 29 of 2014)”:

“Communications Regulation Act 2002 (No. 20 of 2002)

Central Bank Act 1942 (No. 22 of 1942)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)”

(e) in column 4 opposite Reference Number 9, by the insertion of “Commission for Communications Regulation” after “Commission”, and

".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 161:

In page 163, to delete lines 38 to 48 and substitute the following:

"

(f) in column 3 opposite Reference Number 20, by the substitution of “Part 5of the Consumer Rights Act 2022” for “European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013)”.

".

Amendment agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 162:

In page 163, after line 48, to insert the following:

"

2. S.I. No. 555 of 2010 European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010 The Schedule is amended by the substitution of the following paragraph for paragraph 7:

“7. Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC”.

".

Amendment agreed to.

Schedule 6, as amended, agreed to.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 163:

In page 11, line 19, to delete “certain”.

Amendment agreed to.

Title, as amended, agreed to.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I thank the Minister of State, Deputy Troy, and his officials for attending today's meeting. I look forward to the Bill being enacted and implemented as soon as possible. I thank the members who assisted and for participating in today's meeting.