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:

On the role of the Minister for Justice, I said in the opening statement that Part 1 allows for the Minister for Justice to have a role in terms of making regulations around the process of bringing a representative action to the High Court. We would be engaging with the Department of Justice to see what potential regulations might have to follow from the directive in terms of the actual process. At the moment, when I was answering Deputy O’Reilly, I said it would operate under the current High Court procedures. If those were to change, that would be a matter for the Minister for Justice. The Minister for Justice, however, is responsible for the waiving of court fees that I mentioned earlier and will be making any regulations necessary around that.

On an entity not being indemnified and funding and how they would be able to take cases, at the end of the day, they can charge consumers a nominal fee to take a case on their behalf. If they end up with a number of consumers, then they are getting a nominal fee to help support them in taking the case. That combined with the waiving of court fees should help. However, again, I will point out there is a whole-----