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

Ms Clare McNamara:

No decision has been made yet as to who is a qualified entity. We must wait. People must apply to be a qualified entity and apply to be designated.

However, the directive allows for the designation of public bodies under Article 4.7 of the directive. It does not preclude a body such as the CCPC but, as I say, no decisions have been taken as to the designation of any qualified entity, including any public body. There has been no decision as regards the CCPC.

There are considerable implications involved in the possible designation of public bodies, including their enforcement role. It would have to weigh that up in terms of the dual role they would play if one had a public body that was doing both. We would have to make sure that the public body's role as a qualified entity does not conflict with, say, the founding legislation of the public body. Also, the Deputy is absolutely right that if a public body were to be designated, we would then have to look at the implication for resourcing of that body at the time.

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