Micheál Martin (Cork South Central, Fianna Fail)

The amendments to section 45(3)(a) and section 45(5) are proposed in order to align these provisions more closely with the corresponding provisions of the unfair commercial practices directive. Article 7(4)(a) of the directive places the words "to an extent appropriate to the medium and the product" directly after the words "the main characteristics of the product". This is what is proposed in the amendment to section 45(3)(a) here. This makes the elaboration of the directive provision at section 45(5) unnecessary and its deletion is consequently proposed. The deletion of section 45(5) requires in turn the deletion of the words "subject to subsection (5)" from section 45(3), as provided for in amendment 10a. These are technical amendments to ensure we conform with the directive.