Tony Killeen (Clare, Fianna Fail)

I move amendment No. 8:

In page 47, between lines 17 and 18, to insert the following:

49.—(1) Where it is the practice of a trader to accept payment in respect of a product—

(a) by only one relevant method and to impose a charge on a person for the person's making payment in respect of the product by that method, or

(b) by different relevant methods and to impose on a person the same charge for the person's making payment in respect of the product by any of those methods,

the trader shall ensure that any representation made by the trader, or on the trader's behalf, in relation to the price payable in respect of the product, states clearly that price as a single amount inclusive of the foregoing charge.

(2) For the purposes of subsection (1), it is immaterial that the trader also accepts payment in respect of the product concerned by one or more methods of payment that are not relevant methods of payment and the reference in that subsection to the practice of a trader to accept payment in respect of a product by only one relevant method shall be read accordingly.

(3) A trader who contravenes subsection (1) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.

(4) In a case falling within paragraph (a) or (b) of subsection (1), nothing in that subsection prevents the inclusion in any representation referred to in that subsection of—

(a) an indication that the single price stated is inclusive of a charge for making payment by the method concerned or, as the case may be, any of the methods concerned, or

(b) an indication of the amount of such charge.

(5) In this section 'relevant method', in relation to payment, has the same meaning as it has in section 48.".

These amendments oblige traders who, notwithstanding the prohibitions in section 48, impose additional charges by reason of the method of payment chosen by customers to pay for goods and services, to ensure that any representation of the price payable for the goods and services states the price as a single amount, inclusive of these charges. Retailers who accept payment by only one of the methods prescribed in section 48 and who impose additional charges for payment by that method will be obliged to include these additional charges in any statement or representation of the price of the goods and services. Retailers who accept payment for goods and services by more than one of the methods prescribed and impose the same additional charge, and who are outside the scope of section 48, will be obliged to include the additional charge in any statement or representation of the price under section 49.

See this speech in context