Groups of people who have similar legal claims should be able to take 'class actions' in Ireland, according to the Law Reform Commission.
In a consultation paper published this evening, the statutory body recommends the move in the hope it will reduce duplication of legal proceedings and the overall cost of cases.
The body notes the "marked increase" in the number and range of so-called multi-party litigation in Ireland in recent years, including the army deafness claims and cases relating to infected blood products and smoking-related illness.
It says test cases typically operate in an ad hoc fashion and that compensation tribunals may not prove the best means for resolving claims in every case.
"Class proceedings through the courts may prove more economical than a compensation tribunal, allow claimants to assume a bigger role in the resolution of their claims and reduce the number of legal layers in the compensation system," the Commission says.
The commission notes that in other jurisdictions class actions have been a "useful vehicle" for civil rights and environmental remedies.
Acknowledging criticisms of the US system, the commission recommends introducing a system along the lines of the class action procedures currently operating in Canada and Australia.
Among its recommendations, the commission says the courts should have the authority to deal with common issues and individual issues within the framework of a single proceeding.
A move to allow class actions would leave the way open for groups such as those campaigning for disability rights to take class actions for discrimination against private or public organisations.
The consultation paper is intended to form the basis for discussion and the Commission will make its final recommendations following further consultation. It has invited submissions from members of the public before 31 October 2003.
The Law Reform Commission paper was published this evening at an event attended by the Minister for Justice, Mr McDowell.