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. Raymond O'Rourke:

In my presentation, I highlighted Article 4 in the directive about qualified entities' representative actions and linked it with head 16. Again, I do not want to be Mr. Preamble, as it were, but I will read out preamble 24, which takes into account the Deputy’s issue. As I said, the preambles are the philosophy. Preamble 24 states:

Consumer organisations in particular should play an active role in ensuring the relevant provisions of [European] law are complied with. They should all be considered well placed to apply for status of qualified entity in accordance with national law. Depending on national legal traditions, public bodies could also play an active role in ensuring that relevant provisions of the Union law are complied with...

Regarding “public bodies”, we have brought up the possibility of the CCCP being involved in some way through a memorandum of understanding. Looking at the preamble and then Article 4(3), it specifies those bodies or NGOs that have public activity in the protection of consumer interests. The Department correctly has gone down that line because that is the philosophy behind it.

What the Deputy and I are asking is that the Minister possibly open the doors a little bit through the ministerial regulations. However, as the consumers’ association in Ireland, we would like this to be kept to bodies that are protecting consumers’ interests. If the Deputy looks at the long list of legislation at the back of the document, it is all consumer protection legislation.

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