Written answers

Thursday, 26 October 2017

Department of Justice and Equality

Law Reform Commission Reports

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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122. To ask the Tánaiste and Minister for Justice and Equality his views on the Law Reform Commission's 2005 report on multi party litigation; his further views on the recommendations of the report; if he will legislate to implement them; and if he will make a statement on the matter. [45432/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The position in relation to the matters which the Deputy has raised remains as I have conveyed in my Written Reply to Question No. 182 of 24 October 2017 which I shall therefore reiterate on this occasion.

The issue of multi-party litigation was the subject of a Report and recommendations by the Law Reform Commission in 2005 (LRC 76-2005) as the Deputy has mentioned. 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. As such, I will continue to bear it in mind for discussion and possible action in the general context of any upcoming reforms in the civil justice area.

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