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 qualified entity will essentially be whoever has applied to be designated as a qualified entity. If the financial ombudsman has applied to be designated as a qualified entity, then that body would be the most qualified to take a case relating to financial services and products. However, if that ombudsman has not applied to be a qualified entity, it is whatever body is designated as a qualified entity. We have no control over that. We have to wait and see the application process. Assuming this Bill is enacted before the end of the year, the application process will take place sometime in the first half of 2023. We have to wait and see who applies to be a qualified entity.

The Deputy mentioned financial services and products. That accounts for 17 of the laws, while 22 of the EU laws in the Schedule are around goods and services, for example. There are five laws around travel and four around air travel. The Bill covers the consumer protection elements of those laws, where there is a breach. It is not creating any new consumer rights but it is covering all the consumer rights that exist within the legislation that is set out in the Schedule to the Bill.