Tommy Broughan (Dublin Bay North, Independent)
Link to this: Individually | In context | Oireachtas source

186. To ask the Minister for Justice and Equality if she will consider introducing early legislation to permit multi-party action or class action procedures in courts here, in view of the many cases of mass harm which have occurred in recent decades, the longstanding recommendations of the Law Reform Commission in favour of class action litigation and the continuing failure of the legal system to offer a modern multi party action litigation process; and if she will make a statement on the matter. [1525/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As reflected by the Deputy's Question, the issue of multi-party litigation 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. The implementation of the Report at this remove, and the introduction of any legislation to enable the type of collective legal action envisaged would require a detailed consideration of the 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. The areas of law involved include 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 remains 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 discussion and possible action in the general context of any upcoming reforms in the civil justice area.

As the Deputy will be aware, the Courts are independent in their operation and in the management and conduct of cases which come before them and in the context of the Deputy's Question, Order 15, Rule 9 of the Rules of the Superior Courts provides as follows: "Where there are numerous persons having the same interest in one cause or matter, one or more of such persons may sue or be sued, or may be authorised by the Court to defend, in such cause or matter, on behalf, or for the benefit, of all persons so interested".