Results 281-300 of 6,295 for speaker:Michael D'Arcy

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 14: In page 4, between lines 28 and 29, to insert the following: "Amendment of section 60 of Financial Services and Pensions Ombudsman Act 2017 4.Section 60 of the Financial Services and Pensions Ombudsman Act 2017 is amended by the insertion of the following subsections after subsection (4): "(4A) (a) In paragraph (b) and subsections (4B) and (4C) "Act of...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 15: In page 4, lines 31 and 32, to delete ", or any other requirements related to, a consumer insurance contract as set out in this Act" and substitute "a contract of insurance or any other requirements related to such a contract contained in this Act".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: This will form part of the legal review being carried out by a specialist legal counsel at the request of the Attorney General. This will be one of the key issues to be examined. I am saying that as of now, we are not amending but, potentially, on Report Stage, because of potential unintended consequences with enactment of this provision, there could be such unforeseen circumstances.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 17: In page 5, line 19, to delete "consumer". Group 5 covers a series of similar technical amendments. The amendments are designed to ensure that "contract of insurance" is the used term and not "consumer contract of insurance", an "insurance contract" or "policy".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 18: In page 5, line 21, after "disclosure" to insert "of a consumer". The purpose of amendment 18 is to change the wording "any duty of disclosure" to "any duty of disclosure of a consumer", as without these words there is a risk it could be construed as also replacing the duties of disclosure of the insurer which could disapply the insurer's duty of disclosure.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 19: In page 5, line 22, to delete "coming into force" and substitute "commencement". Group 7 relates to drafting changes that updates the language used regarding the Act "coming into force" to the "commencement" of the Act. I refer to amendments Nos. 19, 47 and 48.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 20: In page 5, line 29, to delete "in writing" and substitute "on paper or on another durable medium".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 21: In page 6, line 6, to delete "the following matters" and substitute ", amongst other matters, the following". Group 8 amendments relate to miscellaneous technical drafting changes. The aim is to use language which is consistent with other national and EU legislation. The various drafting changes are as follows: amendment No. 21, in section 6, to delete "the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 22: In page 6, line 11, after "agent" to insert "and the circumstances of that representation".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 23: In page 6, line 16, to delete "Data Protection Acts 1988 and 2003" and substitute "Data Protection Acts 1988 to 2018".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 24: In page 6, line 20, to delete "in writing" and substitute "on paper or on another durable medium".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: This is the nub of the Bill. It is the rebalancing of the power between the consumer and the insurer. This will be a positive aspect of it. Anybody who buys an insurance policy receives pages and pages of documentation. However, the liability all falls on the consumer if there is an issue. This rebalances it so that it is the insurer who has to ask the appropriate questions because the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: Forms may be longer but in line with this legislation they should be more simple. The language should be simpler. That is what I hope for and expect. How they formulate that is a matter for the insurance companies but the spirit of the law is to make sure it is more readable and understandable.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 25: In page 6, lines 28 and 29, to delete all words from and including “(1) This” in line 28 down to and including line 29 and substitute the following: “(1) This section provides for remedies that are proportionate to the effects of any misrepresentation on the interests of the insurer and the consumer by reference as to whether the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: It is a clearer use of language. The objective is that if there was a misrepresentation that was made in error or was innocent, somebody who has a large claim could lose the entire claim. If there is some form of penalty, however, this seeks to make that proportionate.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: It improves the language.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 26: In page 6, lines 37 and 38, to delete “not a deliberate or reckless misrepresentation” and substitute “one that was not fraudulent”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 27: In page 7, line 21, after “consumer” to insert “(relative to the contract or the steps leading to its formation)”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: I move amendment No. 28: In page 7, between lines 22 and 23, to insert the following: “Provision of information relevant to contract of insurance and interpretation of certain terms 8. (1) Within a reasonable time after concluding a contract of insurance, the insurer shall, where such is relevant to the particular contract, provide the consumer on paper or another durable medium...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Insurance Contracts Bill 2017: Committee Stage (11 Jul 2019)

Michael D'Arcy: We are saying that after concluding a contract, and where there is uncertainty over any term in the document, the interpretation shall be in favour of the consumer.