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

I thank Deputy Quinlivan for moving these amendments on behalf of Deputy Louise O’Reilly. They seek to ensure that the information provided to consumers entering into various types of contracts is concise and in plain language. While I agree with all seven of Deputy O'Reilly's amendments and would welcome an end to countless pages of information being imposed on consumers, I can only accept three of them. I have sought legal advice on this matter and have been advised that due to the maximum harmonisation nature of certain articles in the directive that this Bill transposes, the additional requirement is not permissible in all cases. I will go through the proposed amendments and explain the rationale.

Amendments Nos. 5 and 20 deal with commercial guarantee statements provided under sale of goods contracts or hire purchase agreements. Section 44(2) of the Bill and section 73W(2) of the Consumer Credit Act 1995, as inserted by section 150(1) of the Bill, transpose Article 17(2) of the sale of goods directive. Article 17(4) of the directive states: "Member States may lay down rules on other aspects concerning commercial guarantees which are not regulated in this Article, including rules on the language or languages in which the commercial guarantee statement is to be made available to the consumer." This means that these proposed amendments are permissible. I am, therefore, happy to accept them.

Amendments Nos. 6 and 7 seek to insert the word "concise" into sections 103(4)(c), "Information requirements for off-premises contract", and section 104(5)(c), "Information requirements for off-premises contract for repairs or maintenance". These sections transpose Article 7(1) of the consumer rights directive. Article 4 of the directive states: "Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection, unless otherwise provided for in this Directive." Article 7 of the directive, relating to formal requirements for off-premises contracts, states: "Member States shall not impose any further formal pre-contractual information requirements for the fulfilment of the information obligations laid down in this Directive." I have been advised that the proposed insertion of "concise" relates to the form in which the information is provided, as opposed to the information itself and is, therefore, not permissible. The same reasoning applies to amendments Nos. 8 and 9, which seek to adjust sections 106(1)(a), "Information requirements for distance contract", and 107(1), "Additional information requirements for distance contract concluded on online marketplace", both of which transpose Article 8(1) of the consumer rights directive. Therefore, these amendments are also not permissible.

Amendment No. 15 seeks to make the same insertion into section 134(2)(a), "Consumer contract terms to be transparent". I have been advised that the relevant wording in this provision has its origin in Article 5 of the unfair commercial terms directive, which does not preclude the proposed amendment. I am, therefore, happy to accept amendment No. 15.

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