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

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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I have a few questions. If this entity is not indemnified by the State, if it is not for profit and if it has limited access to third-party funds, how does it actually have the capacity to take on some of these cases? I imagine these are pretty daunting cases, for example, a case could involve a huge company doctoring its fuel rating or whatever. That is one question.

What are the limits of the type of class actions? We know flight cancellations are occurring and we will see faulty products being withdrawn. Are these the types of things or can they be an accumulation of individual bad service, if you like, that consumers have encountered?

Ms McNamara said that no cost can be found against the consumer. Does that include the entity? If it does, can that be constitutional that there is sort of a one-way bet, where they can go in and no cost can be found against them? Is that a constitutional situation?

Ms McNamara mentioned the Minister for Justice had a role if this went to the High Court. Perhaps she can explain what the Minister’s role is in that instance.