Dáil Éireann debate -
Thursday, 4 Jul 1996

Vol. 468 No. 2

Written Answers. - Small Claims Courts.

Mary O'Rourke

Question:

147 Mrs. O'Rourke asked the Minister for Justice the overall limit appertaining to awards under the Small Claims Courts system; whether she has received recommendations that this award limit be increased; and if she will make a statement on the matter. [14896/96]

Minister for Justice (Mrs. Owen)

The current monetary limit on claims under the small claims procedure is £600 in accordance with the District Court (Small Claims Procedure) Rules, 1995 (S. I. No. 377 of 1995). This limit has been in operation since 22 January 1996. The previous limit was £500 and had been in operation since the commencement of the procedure as a pilot scheme in 1991.

On 8 December 1993 when extending the availability of the procedure to all District Court areas, my predecessor undertook to increase the monetary limit on claims from £500 to £1,000 by annual instalments of £100.

It is my intention that these increases should take place and I gave effect to the first of them in the above-named Statutory Instrument. Separate Statutory Instruments will be required to give effect to each proposed increase.

Mary O'Rourke

Question:

148 Mrs. O'Rourke asked the Minister for Justice the number of cases that have been heard in the last 12 months at the Small Claims Courts; the number of such cases in which awards were given to the claimant; the number of such cases in which the claimants' awards have been paid; if she has satisfied herself that the Small Claims Courts is providing an efficient service to consumers; and if her attention has been drawn to the fact that there is dissatisfaction with regard to non-payment of awards to claimants. [14897/96]

Minister for Justice (Mrs. Owen)

The most recent 12 months period for which statistics on the operation of the small claims procedure are readily available is that which ended on 7 December 1995. These statistics indicate that 596 applications under the procedure proceeded to a District Court hearing and that awards were made by the court in 300 of those cases. Statistics are not available in relation to the number of these awards which have been paid primarily because, in many cases, the Small Claims Registrars are not informed of the settlements which take place between the parties following court proceedings.

I am satisfied that the Small Claims Procedure is generally providing an efficient service to customers. However, I am aware that in a small number of cases it has not been possible to execute court awards under the small claims procedure. The main reasons for this are that

(a) the respondent is incorrectly named or addressed by the applicant;

(b) the respondent has no goods which may be seized;

(c) the respondent has left the jurisdiction.

These problems which are common to the enforcement of court awards in other civil matters are being examined in my Department to see if a solution can be found.