Oireachtas Joint and Select Committees

Wednesday, 19 October 2022

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Scrutiny of EU Legislative Proposals

Dr. Rachel Widdis:

I will talk about the lack of access to remedy. We may think there is a lot of regulation but it stands outside the impact of business on human rights. There is very little or no access to remedy for those affected. I have worked on the litigation side. Cases are being taken, particularly in the Supreme Court in the UK, against parent companies for their link to the activities of their subsidiaries in far-flung countries. Civil liability is one of the accountability mechanisms in the proposed directive. It is crucial that it be there because there has been no remedy for people affected due to the destruction of their environments and livelihoods. I will not mention any names. There has been no remedy. It is crucial that civil liability stays.

There are issues with how that would be practically possible because making civil liability available without the supports to make it possible is a problem. Supports must be available and I can give more detail in that respect. I will also say, as a director myself, that if we want this to happen, we should make the directors responsible for making it happen and implementing it. That way it will happen. I wanted to make those points.