Courts Service Issues

Dáil Éireann Debate, Tuesday - 18 September 2012

Tuesday, 18 September 2012

Ceisteanna (1197, 1198)

Kevin Humphreys

Ceist:

1197. Deputy Kevin Humphreys asked the Minister for Justice and Equality if any consideration has been given to implementing section 45 of the Civil Liability and Courts Act 2004 to extend the jurisdiction of the Circuit Court acting in land law matters from land with a ratable valuation of €200 to land with a market value of €3,000,000 and if he has given any consideration to the way this may help home owners faced with mortgage litigation; and if he will make a statement on the matter. [37787/12]

Kevin Humphreys

Ceist:

1198. Deputy Kevin Humphreys asked the Minister for Justice and Equality when sections 13 and 14 of the Courts and Courts Officers Act 2002 will be commenced to extend the civil limits to €100,000 at the Circuit Court and €20,000 at the District Court; if he will consider implementing this legislation; if not his reasons; and if he will make a statement on the matter. [37788/12]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 1197 and 1198 together.

The current monetary jurisdictional limits were set in 1991 at the equivalent of €38,092 and €6,384 for the Circuit and District Courts respectively. As the Deputy is aware, provision was made, under sections 13 and 14 of the Courts and Court Officers Act 2002, to increase the jurisdiction of the Circuit Court to €100,000 and the District Court to €20,000, these sections were never commenced by previous Governments. I am informed that concerns were expressed that an increase in monetary jurisdiction could have the effect of increasing the level of court awards in personal injury cases.

I am also aware that some difficulties are being encountered in relation to jurisdiction conferred on the Circuit Court by reference to the ratable valuation of a property. These issues are currently under examination by my Department and I propose to progress these matters as soon as possible.