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. Jeremy Godfrey:

One of the other funding issues is that if a qualified entity loses a case, it may have to pay the other side's costs. It may be asked to provide security for costs when taking a case. The funding issues are, if anything, even more severe than the Deputy pointed out. The directive gives a number of examples of ways in which the funding issues may be addressed through both public and private funding of litigation. Those will definitely have a big impact on the success of representative actions in Ireland. They are matters for the Department with responsibility for the Bill and the Department of Justice. Both will have a role in that. I am not 100% sure whether that requires a change to the Bill. We agree with the Deputy that the funding of qualified entities is a fundamentally important issue.

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