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:

That is the risk. The qualified entity pays. That is the whole risk in taking the action in the first place. Qualified entities can charge a fee to the consumers. If they are representing significant number of consumers they can charge a nominal fee of up to €100 per consumer, which could be charged to several thousand consumers. The criteria that are set out for the qualified entities are mandatory. They are set out in the directive so we have not had any leeway there. These are mandatory criteria. Obviously, the not-for-profit piece allows for a public body to also be considered. Deputy Bruton said the CCPC is underpinned by the Government. The Government resources the CCPC and funds it the same as any other public body but if the Government designated the CCPC as a qualified entity it would still not take on the responsibility of the covering the costs. That will always be the risk for the qualified entity itself, regardless of whether it is a not-for-profit organisation or a public body. In taking the risk of taking the case, they risk having costs awarded against them, regardless of their status.