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. Jeremy Godfrey:

I thank Mr. O'Rourke. The directive sets out a number of options for financial support for QEs.

On the Deputy's question regarding champerty and maintenance, Mr. Andrews spoke about the collective action that is being funded by a specialist third party litigation fund. My understanding is that model would not be possible in Ireland at the moment. The question of how to reform champerty and maintenance is very much on the table. It was recommended by the Kelly report. It is a matter for the Department of Justice in the first instance to consider that and come forward with proposals, rather than it being a matter for the Department that has the policy area for this Bill.

The Deputy raised a couple of other matters. As well as representative actions, there is always the role of public bodies in taking enforcement to achieve consumer redress. There are 60 pieces of European legislation in the annexe. There are 20 public bodies in Ireland responsible for enforcing that legislation, with varied powers. For example, last month ComReg achieved an outcome of €2 million in compensation having to be paid by Vodafone to customers in the context of a breach of the specific rules of the telecoms regulation. Another limb of serving customers is to look at the enforcement powers those 20 public bodies have so that they can use those powers to get enforcement. As the CAI stated, representative actions should be a rare backstop rather than the first port of call.

That is probably all I have to say in response to the Deputy.