Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I thank the Acting Chairperson for his good wishes and Senator Sherlock for her amendment on behalf of the Labour Party group. As I mentioned last week on Second Stage, the European Commission's working party on consumer protection and information is currently examining a proposal to improve the participation of consumers in the circular economy by providing better information on the durability and repairability of certain types of products. Importantly, in the context of this amendment, the EU initiative also seeks to protect consumers against unfair commercial practices that prevent sustainable purchases, such as planned obsolescence, as referred to by the Senator. Once the member state negotiations are complete, the proposal will almost certainly be harmonised and will, quite probably, apply to all goods, potentially including motor vehicles, not just the electronic equipment she is referring to specifically in this amendment. It would, therefore, be prudent to wait for the outcome of the negotiations on this matter before looking at any domestic measures.

In addition, I am concerned that there is a risk that this amendment would conflict with the maximum harmonisation nature of the sale of goods directive, given its provisions include obligations relating to the supply of updates to embedded software and the amendment's definition of "tools" includes the software required to bring digital electronic equipment back to full functioning.

We also have concerns about the language of the amendment. First, there are problems with certain concepts and terms contained in it, including "digital electronic equipment", "embedded software", "firmware" and "manufacturer". These terms differ from closely related concepts and terms used in Part 2 of the Bill, in which there is reference to "goods with digital elements", "trader", "hardware" and "software". I am concerned that this lack of consistency in terminology between the amendment and the existing provisions would result in consumer confusion and legal uncertainty.

Second, the relationship between the proposed obligation on traders to provide consumers with tools and parts and the primary obligation on traders to bring non-conforming goods into conformity through repair or replacement, as highlighted in the amendment, needs further clarification.The references in the amendment to "tools" and "parts" ignore the fact that repairs to digital electronic equipment now predominantly involve consumers installing updates or electronic fixes provided online by the trader rather than any more active intervention by the consumer.

Section 18 already imposes an obligation the trader to ensure that consumers are informed of, and supplied with, the necessary updates in order to ensure that goods with digital elements remain in conformity with the contract for an appropriate period. Bearing in mind the overall work that is under way in Europe and the amendments mentioned, I cannot accept this amendment.