asked the Minister for Justice if the Government will consider the introduction of legislation to allow for the establishment of small claims courts.
Ceisteanna—Questions. Oral Answers. - Small Claims Courts.
3.
Limerick East): The question of small claims courts is a complex matter which raises difficult issues, not the least of which is the question of the legal representation of the parties, an issue which has arisen even in relation to proceedings before certain tribunals which were intended to operate on a wholly informal basis. While I do not rule out developments in this area, I would have to say that because of present financial and other constraints I see no prospect of changes in the very near future.
Would the Minister consider instituting on an experimental basis a system whereby an adjudicator would be provided, such as a practicising solicitor, to adjudicate between parties in disputes over small amounts of money who would not be represented by solicitors? This would be a relatively cheap experiment and I believe it would show that there is a need for such an adjudication or tribunal system for small claims.
(Limerick East): The question of establishing small claims courts has arisen principally in connection with the resolving of consumer-trader disputes. This aspect of the matter lies primarily within the area of responsibility of the Minister for Industry, Trade, Commerce and Tourism. On the general issue, I do not think it would be possible to have a scheme which would forbid legal representation by the parties involved. There would be the practical difficulty, say in the case of firms, in how they would be represented at a particular hearing.