Ms Evie Clarke:

On how smaller companies would undertake human rights and environmental due diligence, we laid out the scope of companies it would apply to in the first place. It is also important to make clear that due diligence obligations would be proportionate to the size of the company. Very large companies would be required to undertake due diligence to a high level. Companies with much fewer resources would not be required to take actions to the same levels as those very large companies. It is not a blanket approach but rather there is proportionality scaling.

Specifically on enforcement, on one level there is administrative liability and on the other there is civil liability. With administrative liability, companies would be required to undertake the duties in accordance with the CSDDD, for example. We would recommend that there would be an appropriate regulator in place in Ireland, as there would be in each member state, to monitor adherence to those duties. It would be able to administer relevant fines where those duties have not been complied with. On the other side, there would be civil liability to ensure access to justice for affected workers and communities who have suffered terrible harms and do not have an option to access justice. They could then sue the head company in the Irish courts.