Written answers

Thursday, 30 March 2006

Department of Justice, Equality and Law Reform

Vehicle Sales

5:00 pm

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 205: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the practice by the SIMI by which they exclude the courts from having jurisdiction in disputes pertaining to motor vehicles; if, in the circumstances, in view of the fact that there are specific implied conditions on the sale of motor vehicles imposed on the industry by section 13 of the Sale of Goods and Supply of Services Act 1980, his views on whether this is an unfair practice against consumers; and if he will make a statement on the matter. [12601/06]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 206: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that if a person goes to arbitration in a dispute pertaining to the SIMI and motor vehicles, there is no right of appeal on the facts from the decision of the arbitrator; and if he will make a statement on the matter. [12602/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 205 and 206 together.

As a general principle, the law of arbitration is concerned with procedures for deciding disputes outside the ordinary courts system. It is an essential characteristic of the arbitration process, in this jurisdiction as in others, that the decision of the arbitrator is intended to be final and binding upon the parties. This does not, however, preclude a limited supervisory role for the courts in certain circumstances. Matters relating to the Sale of Goods and Supply of Services Act 1980 come within the remit of my colleague the Minister for Enterprise, Trade and Employment.

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