Oireachtas Joint and Select Committees

Wednesday, 29 June 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022: Discussion

Ms Clare McNamara:

The legislation sets out how the procedure will work, but it will also involve some work on the part of the Department of Justice in terms of rules of court. That will have to be established by secondary legislation following on from the Bill.

Qualified entities can seek injunctions, redress measures or both in the same action. Once it is commenced, a representative action can proceed in accordance, as I say, with the existing High Court procedures or, if they end up being amended if the Department of Justice decides that they need to be amended in order to tie in with this proposed Bill once it is enacted, amended ones.

The qualified entity, essentially, would act as the claimant party and as the plaintiff and the trader would be the defendant.