Oireachtas Joint and Select Committees

Wednesday, 14 September 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022: Discussion

Mr. Dermott Jewell:

Thank you, Chairperson, for the opportunity to present to the committee and for the invitation, on behalf of our members. Since 2004, the CAI has been lobbying for consumers to have the benefit of access to justice by means of collective action in a court whereby, rather than 1,000 consumers taking 1,000 cases to court, a qualified entity such as the CAI would take one case on behalf of those 1,000 consumers affected. This is already effectively operational in other member states of the European Union. Our engagement was significantly extended through our membership of BEUC, the Brussels organisation of consumer associations in the EU. As a result, we are now, 18 years on, with collective redress demanded by the European Commission to be implemented by December and operational by June 2023 in every member state.

The draft Bill provides the template for Ireland's mechanism. We have some concerns about a number of the provisions, their effectiveness and their fitness for purpose for Irish consumers and, when and if one is appointed, for the qualified entity. I will pass to Mr. O'Rourke to outline those concerns.