Written answers

Tuesday, 16 June 2015

Department of Justice and Equality

Law Reform Commission Recommendations

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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479. To ask the Minister for Justice and Equality her views on correspondence (details supplied) regarding the multi-party legislation, and the implementation of this important and significant legislation, which addresses collective redress mechanisms; and if she will make a statement on the matter. [23936/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I thank the Deputy for this Question which I assume to refer to the issue of multi-party litigation which was the subject of a Report and recommendations by the Law Reform Commission in 2005 (LRC 76-2005). The Report was not carried forward by the Government of the day which took a cautious approach. The implementation of the Report at this remove, and the introduction of any legislation to enable the type of collective legal action envisaged would, therefore, remain matters for the Government and the Oireachtas who would have to be convinced of their merits and impacts in the public interest - including in terms of the sustainability of a collective action regime and its potential costs to the parties concerned and to the Exchequer. These are also issues which would require the inputs of several Government Departments impacting as they do on areas of law such as those of consumer protection, competition, the environment and the provision of financial and other services. Consideration would also have to be given to the relevant intervening developments that have taken place at the national, European Union and wider international levels. While not part of the current Legislation Programme, therefore, this is a complex area of legislative reform that will require renewed and thorough consideration and, on that basis, I am happy to keep it in mind for possible inclusion in any future legislative programme that may be considered by the Government.

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