Oireachtas Joint and Select Committees

Wednesday, 25 November 2015

Joint Oireachtas Committee on Justice, Defence and Equality

Social Change in Ireland: Discussion

9:30 am

Ms Rachel Power:

Currently, we do not have a class action procedure. Over ten years ago the Law Reform Commission completed an extensive study on it, weighing up all of its various advantages and disadvantages and coming to the conclusion that it would be beneficial in Ireland and would very much benefit access to justice by permitting more people with fewer resources to vindicate their rights in various ways.

There is not an official line as to why we do not have class actions. It is just not something that is built into the court rules at present. FLAC advocated, in terms of the Legal Services Regulation Bill 2011, that there was potential to include this as a mechanism.

It is something that works in different ways around the world, be it as an opt-in or opt-out option. There has been little movement on it and little appetite for it.

It would not involve much change to introduce and implement. It would merely involve a change to the legislation. It is not something that we have had much luck with people wanting to see a change in because people believe that it will open the floodgates in some way. We say it would not open the floodgates in any way. It would merely allow people who have rights who cannot exercise them to be given a position.

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