Oireachtas Joint and Select Committees

Wednesday, 29 June 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022: Discussion

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source

The proceedings of the Oireachtas committee will be conducted without the requirement for social distancing with normal capacity in the committee rooms restored. However, committees are encouraged to take a gradual approach to this change. Members and witnesses have the option to attend meetings in the relevant committee room, or online through Microsoft Teams. All those attending in the committee room should continue to sanitise and wash their hands properly and often, and avail of sanitisers outside and inside the committee rooms, be respectful of other people's physical space, and practice good respiratory etiquette. If they have any Covid-19 symptoms, no matter how mild, they should not attend in the committee room. Members and all in attendance are asked to exercise personal responsibility in protecting themselves and others from the risk of contacting Covid-19. Members who wish to participate in the meeting remotely must do so from within the Leinster House complex only.

Apologies have been received for this meeting from Deputy Paul Murphy and Senator Garrett Ahearn.

We will talk today about the general scheme of the representative actions for the protection of the collective interests of consumers Bill 2022 which aims to give effect to the directive by creating a new civil litigation mechanism in which a qualified entity may act as playing a part on behalf of consumers who have opted into a representative action against the trader in the High Court. The Bill also creates a mechanism whereby an organisation which represents the collective interests of a consumer, may apply to the Minister to be designated a qualified entity in order to bring a representative action in Ireland or in another EU member state. The new law is a response to recent mass consumer rights breeches by private companies. It will allow for several cross-border qualified entities to come together to represent EU consumers where they have been harmed by the same alleged infringement which has been caused by the same trader in several member states.

I am pleased we have an opportunity to consider these matters further with the following representatives from the Department of Enterprise, Trade and Employment. I welcome Ms Clare McNamara, principal officer, competition and consumer policy unit; Mr. Paul Brennan, assistant principal; and Ms Sadhbh McGrath, administrative officer.

Before we start, I will explain some limitations to parliamentary privilege and the practice of the Houses as regards references made to a person in evidence. The evidence of witnesses physically present or who give evidence within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. Witnesses are again reminded of the long-standing parliamentary practice to the effect that they should not criticise or make charges against a person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

The opening statements have been circulated to all members. To commence our consideration on this matter today, I invite Ms McNamara to make opening remarks on behalf of the Department of Enterprise, Trade and Employment.

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