Select Committee on Enterprise, Trade and Employment debate -
Wednesday, 14 Jun 2023

Representative Actions for the Protection of the Collective Interests of Consumers Bill 2023: Committee Stage

An Cathaoirleach

We are here to debate Committee Stage of the Representative Actions for the Protection of the Collective Interests of Consumers Bill 2023. I thank the members and witnesses for participating in today's committee meeting. I remind them that all members are required to participate in the meeting either from within the meeting room or remotely from within the Leinster House complex only. Should a division occur, any members participating remotely will be required to make their way to the meeting room within the normal division time to vote before returning to their original location. No apologies have been received. This meeting has been convened for the purpose of considering the Representative Actions for the Protection of the Collective Interests of Consumers Bill 2023, which was referred to the select committee by order of the Dáil on 19 April 2023. The purpose of the Bill is to transpose Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC; and to provide for related matters. I welcome the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Calleary, who is accompanied by his officials.

Grouping will apply to amendments Nos. 1, 2, 4 and 5, which will be taken together. All amendments which are not grouped will be discussed individually. I propose that we try to complete our consideration of Committee Stage today. Is that agreed? Agreed. I invite the Minister of State, Deputy Calleary, to make his opening remarks.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary)

Gabhaim buíochas leis an coiste muid a bheith leo ar maidin. I thank the committee for gathering this morning. I am joined by my colleagues, Mr. Barry McGreal, Mr. Paul Brennan and Ms Nuria De Cos Lara, who is in her first week in the Department and I want to welcome her. I thank them for their work on this Bill. I am happy to proceed directly to the amendments.

Section 1 agreed to.

SECTION 2

Deputy Dara Calleary

I move amendment No. 1:

In page 5, between lines 23 and 24, to insert the following:

“ “Act of 2009” means the Broadcasting Act 2009;”.

These are technical amendments. In transposing the directive, the Bill lists every domestic measure in the Schedule to the Bill, which transposes the EU legislation that is covered by the directive. Since the publication of the Bill and its commencement through this particular process, the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media transposed a further measure which falls within the scope of the directive and, therefore, I am now including it in the Bill. This is the Online Safety and Media Regulation Act 2022, which transposes directive 2010/13/EU, the audiovisual media services directive. Specifically, Articles 9 to 11, Articles 19 to 26 and Article 28B of the audiovisual media services directive are relevant here. The proposed amendment that we are discussing is inserting the relevant provisions into this representative actions Bill so consumers can take an action if they suffer an infringement by a trader or a service provider.

The second Government amendment relates to metering for heating, cooling and domestic hot water. This regulation has already been signed and its insertion into the Bill is necessary to allow for the collective redress mechanism to apply to it.

Amendment agreed to.

Deputy Dara Calleary

I move amendment No. 2:

In page 6, between lines 9 and 10, to insert the following:

““Directive 2010/13/EU” means Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive);”.

Amendment agreed to.

An Cathaoirleach

Amendment No. 3 has been ruled out of order.

Amendment No. 3 not moved.

Section 2, as amended, agreed to.

Sections 3 to 34, inclusive, agreed to.

SCHEDULE

Deputy Dara Calleary

I move amendment No. 4:

In page 25, to delete line 17 and substitute the following:

“5. The following provisions of the Act of 2009:

(a) section 46N(5) (insofar as the media service codes (within the meaning of section 2 of the Act of 2009) provide for the matters required to be provided for by Articles 9 to 11 and 19 to 25 of Directive 2010/13/EU);

(b) section 46O(9) (insofar as the media service rules (within the meaning of section 2 of the Act of 2009) provide for the matters required to be provided for by Articles 9 to 11, 23(2), 24 and 25 of Directive 2010/13/EU);

(c) section 76;

(d) Part 8A (insofar as it relates to Article 28(b) of Directive 2010/13/EU)”.

Amendment agreed to.

Deputy Dara Calleary

I move amendment No. 5:

In page 28, line 10, to delete “Regulation 19 and Regulation 21” and substitute “19, 21 and 21A”.

Amendment agreed to.

Question proposed: "That the Schedule, as amended, be a Schedule to the Bill."

Deputy Richard Bruton

On the general point of the ability of bodies that may take collective actions on behalf of consumers, there is this outstanding issue as to how they will fund such actions. I know the Minister of State has not included an amendment to champerty, where I understand exceptions have been granted in other cases in international law. I wonder how the Minister of State envisages these collective bodies being able to take actions without some access to funding.

Deputy Dara Calleary

This issue was raised on Second Stage. We have communicated with the Department of Justice because this area comes under that Department. Some reforms are currently being considered by the Law Reform Commission which will guide its principles. I have had some engagement with the Minister of State, Deputy James Browne, and work is under way on a potential approach to that. There is no timeline. We are continuing to keep pressure on the Minister of State, Deputy Browne, because without that kind of support in place, we will not be able to maximise the benefits of this Bill. I continue to engage with the Department of Justice and the Minister of State, Deputy Browne, in particular. As the Deputy will be aware, a report was commissioned by Mr. Justice Kelly in 2020 which outlined an approach and that is under consideration within the Department of Justice.

Deputy Richard Bruton

I get the impression, from what the Minister of State is saying, that he does not see this as being fully effective until that piece of the jigsaw is in place. I wonder why the Minister of State cannot give a timescale. Should we be looking for a review in six months whereby the Minister of State would come back to the committee and give us a report on the potential of that?

Deputy Dara Calleary

I do not mind and that could be useful. This is a very good Bill that is transposing EU legislation and I want to make it as effective as possible. As the Deputy knows, there is nothing like a deadline to keep on the pressure. The committee could also include the Minister of State, Deputy Browne, in the invitation to come to the committee.

Question put and agreed to.

Title agreed to.

Bill reported with amendments.

An Cathaoirleach

Having completed our consideration of the Bill, I thank the Minister of State and his officials for attending today's meeting. I look forward to the Bill being enacted and implemented as soon as possible and, hopefully, we will have that review in six months time.

Deputy Dara Calleary

If the secretariat would not mind dropping a line to my office, if that is decided, we will put it in the diary and we will arrange a date this side of Christmas.

An Cathaoirleach

Thank you.