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:
I agree 100%. These cases were so difficult and so hard won in the UK. I have mentioned the similarities between our systems. In the context of the directive, every country has a different system. In Ireland, there are specific barriers to taking these cases, including third-party funding litigation and class actions. The burden of proof, which is set out under recital 58, is a general problem. The burden of proof is to be decided by member states and could fall on those affected and most vulnerable, without the funds and the information, who are trying to look through massively opaque enormous corporates without anything like the resources required. We must ensure that we provide practical support, retain civil liability and look hard at the reversal of the burden of proof, and finally, that this country enables those cases.
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