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

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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I thank the witnesses for their presentations. They were very valuable. The Consumers Association of Ireland has made valid points about what we need to clarify in regulations to create some sort of transparency. Those points are well made.

I refer to the wider issue of it being too difficult to be a qualified entity, QE, and the level of Government support in that regard. I would be interested to hear the views of our guests on how that could be designed. I presume that if it were a body such as a legal aid board, it would, in effect, be adjudicating on a case before the case was taken. That seems to be a slightly difficult model. Are there models for support to QEs on which we could draw that would help us in this area?

Another issue that has been raised is that of court rules and the champerty and maintenance prohibition. What are the issues in respect of changing court rules and champerty and maintenance? Can the Oireachtas take an initiative to drive that or is it something that will have to come from the courts on an independent basis in whatever manner? Is it up to Oireachtas Members to try to shift the dial on this issue at this stage?

I would be interested to hear the views of the CCPC on whether qualified entities only is the way to go. That seems to be the issue. We have heard two different views but I would be interested to hear the thoughts of the CCPC, with its experience and knowledge, on what might be the options in a European context.

I would also like to hear the view of the CCPC on the issue, raised by Mr. O'Rourke, of having to consult before injunctive action is taken and not having a time limit on that. That seems extraordinary. From the point of view of the CCPC , which takes enforcement and other actions, is there a hidden reason those sort of obligations to consult should be there?

I am not sure which of our guests wishes to address the alternative models. The CAI or the CCPC may wish to comment on how the State might support a QE.