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:

I will take that question. Opting out is legally questionable in a common law jurisdiction. Netherlands has a civil law jurisdiction, not a common law one. The directive allows opting in or opting out, but it favours opting in. I mentioned in response to an earlier question on this that we did a public consultation. One of the questions we put was about the opt-in and the opt-out. The responses to that consultation helped to inform our policy decision.