Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I move amendment No. 77:

In page 91, between lines 9 and 10, to insert the following:

“Res judicata

83. (1) Where, in proceedings under Chapter 5 (inserted by section 80) of Part 3 of the Act of 2007, a court finds, as part of a final decision in relation to the matters to which those proceedings relate, that a relevant grocery goods undertaking contravened—

(a) a provision of regulations made under section 63B of that Act, or

(b) a requirement in a contravention notice,then, for the purposes of any subsequent proceedings (other than proceedings for an offence) under that Chapter, the finding shall be res judicata (whether or not the parties to the said subsequent proceedings are the same as the parties to the first mentioned proceedings).

(2) In this section—

“contravention notice” has the same meaning as it has in Chapter 5 of Part 3 of the Act of 2007;

“finding” includes a conviction for an offence, whether or not that conviction is consequent upon a plea of guilty by an accused person;

“relevant grocery goods undertaking” has the same meaning as it has in Chapter 5 of Part 3 of the Act of 2007.”.

The introduction of this new section builds on the enforcement provisions already included in the Bill by providing that where a court has made a final finding in a particular case under this Part, that finding is res judicatafor the purpose of subsequent proceedings whether or not the parties to those subsequent proceedings are the same as the parties to the first mentioned proceedings. In addition to strengthening the public enforcement regime for breach of the law, this Bill also encourages more civil enforcement through private litigation. By providing that a finding in earlier proceedings shall be res judicatain subsequent proceedings, it lessens somewhat the burden on a private litigant who, relying on this legal doctrine will not be required to prove the contravention of the relevant section afresh in a follow-on action in respect of the same contravention. Rather, he or she will be able to rely on the earlier finding for the purpose of an action for damages.

That replicates a provision inserted into the Competition Act 2002 by way of the Competition (Amendment) Act 2012. This is an additional powerful tool both for potential victims of breaches of the regulations as well as a powerful deterrent to potential offenders and adds to the suite of other provisions in the Bill to deter breaches and protect victims.

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