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:

I absolutely take that on board.

It might help if I run through the minimum standards and criteria that a qualified entity must meet in order to be designated in the first instance. It has to be a legal person - that is merely a legal term - with 12 months of public activity protecting consumer interests. The articles of association have to show a legitimate interest in protecting consumer rights. It has to be non-profit making, which is why, as I say, it does not exclude public bodies. It cannot be subject to insolvency proceedings. It must be independent and not influenced by traders. It has to publish on its website how it complies with those criteria.

The sequencing is a good question. If it were, for example, to be the CCPC, that falls under the remit of the Minister who would be doing the designation in the first place. The resourcing of the CCPC would have to be taken into account in terms of making the designation and a case would have to be made to ensure that the body is adequately resourced.

Going back to one of the Deputy's original questions, there is absolutely no limit in this legislation on the number of qualified entities that can be designated.

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