Oireachtas Joint and Select Committees

Wednesday, 19 October 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Scrutiny of EU Legislative Proposals

Dr. Rachel Widdis:

Personally, we go into farms, factories and fields for businesses employed by businesses to look deep into their supply chains and talk directly to women, migrants and mixed groups separately and directly to get stakeholder engagement on the ground. That does occur.

To come back to Deputy Shanahan's point about civil and criminal liability, I wrote my PhD on how to take those cases and how they could be taken. They are being taken. They have been taken primarily in common law jurisdictions and were being taken primarily in the UK. The UK Supreme Court has issued incredible judgments in this space. That said, the UK is, as we know, no longer with us. Ireland is the common law English-speaking natural jurisdiction. There are a number of issues with taking those cases in Ireland, including third party funding and class actions. The directive itself has an issue around the burden of proof, which falls to member states and could fall, as it does or did, on the people who are affected. It is an incredible lift for those people. There are issues of information, funding, lack of access to class actions, but the cases have been brought. They have taken decades but they have been brought successfully, which I think is another thing people may not be aware of. Ireland would be a natural jurisdiction, as I have written, for the criminal liability failure to prevent human rights abuses. I have also written on that. There is a movement there focusing on working off the Bribery Act.

I would like to come back to talk about environment and climate at some point, if we might.

Comments

No comments

Log in or join to post a public comment.