Vol. 512 No. 7
205 Mr. N. Ahern asked the Minister for Justice, Equality and Law Reform if he will give details of the operation of the small claims court system; if an analysis of the companies against which awards are made will be given; and if he will make a statement on the matter. [27226/99]
The small claims procedure is a special mechanism for dealing with consumer claims within the District Court structure which is designed to handle such claims speedily, inexpensively and informally without involving a solicitor. It is administered by the small claims registrar whose function it is to process the claims and, if possible, reach a satisfactory settlement without the need for a court hearing. Should this prove unsuccessful the claim will go before the District Court judge. The small claims procedure was initially introduced on a pilot basis in 1991 and was extended nationwide in 1993 following on from the success of the pilot scheme. The current fee payable for using the procedure is £6.
To avail of the procedure a person must have bought goods or services for private use from someone selling them in the course of business. With effect from 1 July 1999 a person may make a claim where the goods or services cost up to £1,000. Claims may be made for bad workmanship or faulty goods as far as most everyday transactions are concerned but not for debts or personal injuries. When the scheme was extended in 1993, the non-return of rent deposits and minor damage to privately-owned property were included.
Within the, procedure, the person making the claim is called the ‘Applicant' and the person against whom the claim is made is called the ‘respondent'. If a claim is made and is not disputed by the respondent, an order is made for the payment of the amount sought. Should the respondent dispute or counterclaim, the small claims registrar may interview and-or invite both parties to discuss the claim in an effort to reach agreement. If no agreement can be reached the case is listed for court. If the court finds in favour of the applicant, it will make a formal order for the amount claimed. Likewise the procedure provides that if the respondent does not reply to the claim within a set period the clairn is automatically treated as undisputed and an order is made for the amount claimed. Both parties to the case are then notified of the order and if payment is not made, the matter can be referred to the relevant city or county sheriff in Dublin or Cork, or county registrar elsewhere for execution. In the event of the matter being referred to the sheriff a fee of £6 will apply, but this amount will be refunded if the sheriff succeeds in executing the court order. This may be done in any case where a party does not comply with the court order.
206 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the position regarding the improvement of courtroom facilities in Castlebar, County Mayo; the expenditure involved in 2000; the facilities to be provided; if a contract has been awarded; if so, the timescale involved; and if he will make a statement on the matter. [27227/99]
The Courts Service was established on 9 November 1999. One of the functions of the service is to provide, maintain and manage court buildings.
I am informed that plans are being prepared for the refurbishment of the courthouse in Castlebar in conjunction with Mayo County Council, which is acting on behalf of the Courts Service in relation to this project.
I understand that preliminary consultations have taken place with court users and it is expected that the accommodation to be provided in the refurbished courthouse will include three substantial courtrooms with adjoining Judges chambers, family law facilities, modern office accommodation with state of the art technology for the staff of the District and Circuit Court, modern accommodation for the barristers and solicitors, consultation-interview rooms, a victim support room and all other ancillary facilities. Proper holding cell facilities will also be provided for prisoners. The building will be fully accessible to people with disabilities.
I am informed that it is not possible at this stage to provide a precise timescale for the work given the nature of the planning, consultation and tendering processes. However, it is expected that plans will be completed by the end of March next. Tender documents will then be prepared and contractors will be invited to tender for the work. It is expected that, following a tender competition, work will commence on site in the latter part of 2000.
It is anticipated that approximately £750,000 will be spent on the courthouse project next year, and that the courthouse in Castlebar will be refurbished as quickly as possible to provide modern court facilities to all court users in Castlebar and the surrounding area.
