Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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88. To ask the Tánaiste and Minister for Justice and Equality his plans to introduce legislation to allow groups of persons who have been wronged to take collective action cases in the courts; and if he will make a statement on the matter. [51733/17]

Charles Flanagan (Laois, Fine Gael)
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In replying to this Question from Deputy Ó Laoghaire, account must be taken of the fact that he has, in his capacity as a Member, introduced a Private Member's Bill in support of the introduction of group or class actions before the courts, in this House on 9 November 2017. The Bill, entitled the Multi-Party Actions Bill 2017, was taken for Second Stage in the Dáil on Tuesday 14 November 2017. On that occasion the Deputy and other Members of the House had an opportunity to have a very useful and informative exchange of views on the various issues that can arise in relation to the introduction of the option of group litigation. Ministers of State Catherine Byrne and David Stanton also participated in that debate on my behalf and laid out the Government's initial views and concerns in relation to changing the law in this complex area. As the Deputy will be aware, on 16 November 2017, the Dáil agreed that his proposed Bill be referred to the Select Committee on Justice and Equality pursuant to Standing Orders 84A(3) and 141. I also understand that, subject of course to the consideration of the Select Committee, it is envisaged that the proposed Bill will be given the benefit of pre-legislative scrutiny as part of that process.

The consideration of this Bill, as in its introduction by Deputy Ó Laoghaire and in its referral by the Dáil to the Select Committee will, of course, continue to be informed by the Report on Multi-Party Litigation that was published by the Law Reform Commission, on foot of an earlier Consultation Paper, in September 2005 [LRC 76-2005]. The more up to date consideration of this Bill before the Select Committee offers an opportunity to take into account any developments and issues that have come to light in the twelve years since publication of the Law Reform Commission's Report. This includes as they may relate to the various areas of law and policy involved which span consumer protection, competition, the environment and the provision of financial and other services. Account can also be taken of any issues arising from the fact that the draft rules of court for group litigation recommended by the Law Reform Commission in its 2005 Report are now being put forward in the form of primary legislation.

As the Deputy will also be aware from the debate at Second Stage, I am also requesting that the question of the introduction of a Multi-Party Action procedure be considered in the context of the Review of Civil Justice Administration recently commenced by the President of the High Court, Mr. Justice Peter Kelly. These developments will, therefore, be among those matters that will continue to be taken into account by the Government in its consideration of the Multi-Party Action Bill 2017 as now for consideration before the Select Committee.