Oireachtas Joint and Select Committees

Wednesday, 14 September 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

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

Mr. Dermott Jewell:

The Deputy has asked an excellent question. Let us consider the position in other member states. There are a number of member states where consumer associations take cases. We have examples of such cases and the costs involved. The costs of administration, preparation and engagement with legal people in advance are significant because it takes a lot of time. Beyond that, the cost of advising every consumer in an opt-in situation that a case is about to be taken and ensuring they all know and understand what the case is, are able to register, get in touch in person with an entity 24-7, as required, and not just a website, and be updated on progress is quite significant. That is the reality before a case gets to court. Cases under collective redress should be the exception. As it would be a very significant issue to challenge, it comes at a cost. The entity one is taking the case against will potentially fight it tooth and nail.

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