Written answers

Tuesday, 29 April 2008

Department of Enterprise, Trade and Employment

Consumer Protection

9:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 267: To ask the Minister for Enterprise, Trade and Employment his views in relation to the recommendation directed to him by the Consumer Strategy Group to commission research into small claims enforcement procedures currently available to consumers with a view to establishing whether a more streamlined and effective process can be put in place; if this research has been commissioned; the status of this research; if it has been published; if this research has not been commissioned, the reason for this decision; and if he will make a statement on the matter. [16076/08]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Whilst the Consumer Strategy Group directed its recommendation in relation to small claims court enforcement procedures to my Department, the responsibility for the administration of the Small Claims Court lies with the Courts Service. In so far as the Small Claims Court procedure is concerned, the Deputy may be aware that the limit for processing claims in the Small Claims Court was raised to €2,000 with effect from 7 February 2006. I would also advise the Deputy that an on-line small claims process has recently been introduced on a pilot basis. A further development in the small claims area was the adoption last year of an EU Regulation establishing a European Small Claims Procedure. The Regulation will effectively enable a judgment given in a Member State in the European Small Claims Procedure to be recognised and enforced in another Member State.

I am aware that the matter of consumer redress is one in which the National Consumer Agency is particularly interested. I understand that the Agency is planning to conduct research later this year around the area of arbitration and redress. As part of that research project, the Agency, in consultation with the Courts Service, will address the area of the Small Claims Court and will pay particular attention to the question of the enforcement of judgements of the Court. I understand that the Agency expects to commence this research study some time in the autumn of this year.

I fully support the operation of the Small Claims Court procedure as an inexpensive way of consumers enforcing their legal rights. I welcome the recent innovations to the procedure brought about by my colleague the Minister for Justice, Equality and Law Reform in conjunction with the Courts Service. I look forward to hearing the results of the National Consumer Agency's research in relation to redress and arbitration, including in relation to its consultations with the Courts Service regarding the enforcement of small claims court judgements.

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