asked the Minister for Justice if he will consider the introduction of small claims courts.
Ceisteanna — Questions. Oral Answers. - Small Claims Courts.
3.
I consider that the existing District Court network effectively provides most of the features associated with the so-called "small claims courts" that operate in some other jurisdictions. The present jurisdiction of the District Court enables claims to be brought in that court for amounts of up to £2,500. The District Court sits at some 250 venues around the country and procedures in that court are reasonably simple, in particular the summary judgment procedure.
I am disappointed with the Minister's response. Will he not agree that the whole idea behind small claims courts is that they are informal in nature, they are courts which lawyers are discouraged from attending and they are places where members of the public can go with the smallest degree of administrative advance procedure to have claims heard without the need for lawyers and all the ramifications that a court, including the District Court, involves?
I fail to see why Deputy McCartan should be discouraged with the reply given by me to Deputy Sherlock's question. The Deputy said he would prefer a system whereby lawyers would be discouraged from attending court. I am not sure how one could deal with such an issue or whether we would be able to successfully discourage lawyers from attending court by simply requesting them to do so. That is part of the problem that would have to be dealt with. I do not think we need go that far because I am quite satisfied that the District Court system as it is established at present is more than capable of dealing with the matter.
Where a consumer or a claimant is looking for redress the sum involved might seem small to you and me but to a person aggrieved at buying a faulty article or whatever in a shop it may not be so. In employing a lawyer to process the case even to the District Court, that person could find himself faced with a legal bill——
Could we have brief and precise questions, please?
——far in excess of the amount being sought and that, in itself, is a disincentive from going even to the District Court. Will the Minister not agree that the relative cost element is one of the strongest arguments for consideration of a small claims court system?
I am sure that since the District Court already provides a relatively cheap——
It is not cheap any more.
——quick and informal means of settling small claims in the existing procedures, the need for any free trial hearings is not considered a great benefit at present.
May I ask——
I have given the Deputy a lot of latitude on this question.
I have been allowed two supplementaries. Can I ask just another?
A final supplementary.
Accepting the Minister's term "relative", it is probably cheap relative to the High Court or to the Circuit Court. Can I take it from the Minister's reply that the Department are not actively considering the implementation of such a scheme?
The Deputy should understand that the question of establishing small claims courts has arisen principally in connection with the resolution of consumer trade disputes. This aspect lies primarily within the area of the Minister for Industry and Commerce. Perhaps the Deputy might on another occasion take the matter up with the Minister for Industry and Commerce.