Persons under 18 are protected by the section to the extent that creditors may not, with a view to financial gain, knowingly send to a minor any document inviting him or her to borrow credit, obtain services on credit or apply for information or advice.
SECTION 116.
Question proposed: "That section 116 stand part of the Bill".
Question put and agreed to.
NEW SECTION.
I move amendment No. 289:
In page 61, before section 117, to insert the following new section:
"117.—Except where otherwise provided for in this Act, a creditor or an owner shall not in any credit agreement or consumer hire agreement as the case may be——
(a) exclude or restrict any liability imposed on any person or any right conferred on a consumer, or
(b) impose any further liability in addition to any liability imposed on a consumer by this Act.".
The purpose of the amendment is to ensure that in the small print in any credit agreement or consumer hire agreement any right which this Act confers on a consumer is not excluded or restricted in any way and also that no further liabilities are imposed on the consumer in addition to any already imposed by this Act. It is also intended to prevent any person from excluding or restricting any liability imposed on that person by the Act in the small print to an agreement. This section redrafted in this fashion was recommended to us by the Attorney General's office.
I presume this includes any rights he would have under the Sale of Goods and Supply of Services Act, 1980.
Yes.
Amendment agreed to.
Section 117 deleted.
NEW SECTION.
I move amendment No. 290:
In page 61, before section 118, to insert the following new section:
118.—A person shall not in the course of a business do any of the following:
(a) display on any part of any premises a notice,
(b) publish or cause to be published an advertisement,
(c) supply goods bearing or goods in a container bearing a statement, or
(d) furnish or cause to be furnished a document,
which purports to exclude or restrict any liability imposed on any person or any right conferred on a consumer by this Act.".
This was, again, recommended by the Attorney General. Its purpose is to ensure that in addition to the requirements of section 117, which has now been strengthened by amendment No. 289, no person in the course of business shall make any statement which purports to exclude or restrict any liability which is imposed on any person by the Act, and, equally, that they do not exclude or restrict any rights conferred on a consumer by the Act.
This is a logic follow on to the earlier provision. It is a similar provision to that which prohibits signs in shops which advise no return and is welcome.
Amendment agreed to.
NEW SECTION.
Amendments Nos. 293 to 296, inclusive, are related to amendment No. 291 and all may be taken together. Is that agreed? Agreed.
I move amendment No. 291:
In page 61, before section 118, to insert the following new section:
"119.—(1) Subject to subsection (2), a creditor or owner shall, within 14 days, in respect of a refusal by him to enter into a credit agreement or a consumer hire agreement, as the case may be, after receiving a request in writing to that effect from the consumer, give to the consumer the name and address of any person from whom the creditor or the owner, as the case may be, has sought information concerning the financial standing of the consumer.
(2) Subsection (1) does not apply to a request——
(a) received more than 28 days after the refusal, or
(b) which relates to information to which the Data Protection Act, 1988, applies being data within the meaning of that Act.
(3) Subject to subsection (4), a person who has supplied information to a creditor or an owner in respect of the financial standing of a consumer in respect of a credit agreement or a consumer hire agreement shall, within 14 days after receiving a request to that effect from the consumer in writing, together with a fee of £5, give to the consumer a copy in legible form of any information held by that person concerning the financial standing of the consumer.
(4) Subsection (3) does not apply to a request——
(a) received more than 28 days after the name and address referred to in subsection (1) has been given, or
(b) which relates to information to which the Data Protection Act, 1988, applies being data within the meaning of that Act.
(5) The amount of the fee referred to in subsection (3) may be varied by regulations.".
Amendments Nos. 293 to 296, inclusive, are in the name of Deputy Bruton.
These amendments address the issue of credit referencing agencies which provide advice. The purpose of amendment No. 295 is to delete the provision that the consumer should pay a fee for obtaining information about himself held by these agencies. I am unable to understand why consumers should have to pay to access information held about them. It appears unusual.
In general, people should have access to this kind of material and should be informed if a lender intends to obtain information regarding a borrower from a third party. The Minister advises that such information will be provided if there is a refusal, but consumers should have the right to know if an agency is keeping records about them and the right to have those records changed.
Changed if they are erroneous.
That is correct. The balance of these sections is tilted against the consumer. It is left entirely to the consumer to take the initiative to find out what is happening to his business, and he must pay money to do so. The balance is, therefore, cast somewhat strangely on this aspect and in view of this, will the Minister explain the reason for the fee and why the onus is on the borrower to pursue these people? Why not provide an open right of access to files which are kept about the individual? The lender is making a living from dealing with an individual's file, so why does the individual then have to pay for the privilege of seeing the file?
The fee of £5 is designed to discourage frivolous queries although I am unsure if it would be a deterrent. I am not satisfied that the consumer is well protected by the provision. The Minister may, by regulation, vary the amount of the fee, but the purpose of the fee, which is the subject of Deputy Bruton's amendment, is to ensure that, as far as possible, applications of this nature would be bona fide, which is the case in any event, and to defray the expense of the supplier of the information.
I have not fully researched this section, nor have I been fully advised on it. One way or another, the committee will not complete its deliberations on the section this evening.
I was hoping that the committee would progress as far as the Schedules to the Bill this evening by leaving section 108 and the section which the Minister intends to add, together with the Schedules to the Bill, for further discussion.
There is quite a lot to consider yet, I regret that I am unable to continue with the committee beyond 7 o'clock this evening because of another appointment.
Minister, do you wish to withdraw amendment No. 291?
No, I do not wish to withdraw anything as I will return to it.
I am happy to adjourn on that basis. It is all to the good if the Minister will give time to consider these amendments.
I will, with the whole area of information to the consumer. The other area of supplying information about people is very big.
It has been suggested that such people should be licensed, and in this respect, amendment No. 298a, in my name, refers to that possibility.
It is a very big area, and one into which I will make more extensive investigations.
In that event, the committee will defer further consideration of the Bill.
The Select Committee adjourned at 6.58 p.m.