Written answers

Tuesday, 14 November 2017

Department of Justice and Equality

Law Reform Commission Reports

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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215. To ask the Tánaiste and Minister for Justice and Equality his plans to publish a multi party litigation or class action Bill as recommended and set out by the Law Reform Commission a decade ago; and if he will make a statement on the matter. [47963/17]

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 Replies to Questions No. 182 of 24 October 2017 and No. 122 of 26 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 referred to by the Deputy. 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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