Mr. Conor Linehan:

That is correct. It does fall to member states. However, there is a core idea of causation. It says for there to be civil liability for a large company covered by that for environment and human rights damage, there needs to be a causal connection between its failure under this regime to do due diligence and the consequences, and any damage. Many EU environmental regimes simply talk about causation recognising that within one common law and many civil law regimes there are slightly different causation tests. Some are slightly stricter or open than others in different member states. The traditional just causation here is that there needs to be foreseeability and that the connection between the action and the damage is not too remote. The kind of standard of causation that has built up in the Irish courts over decades of courts cases in everything from personal injuries cases to all sorts of other tort cases will be what applies here.