Denis Naughten (Roscommon-South Leitrim, Independent)
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393. To ask the Minister for Justice and Equality if she will consider the establishment of a division of the Small Claims Court to assist business in retrieving small payments from clients, given that such arrears are threatening the viability of many small companies; and if she will make a statement on the matter. [30221/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Courts Service have clarified that the small claims procedure of the District Court is an alternative method of dealing with a civil proceeding in respect of a small claim. The majority of claims are dealt with by administrative staff in the local District Court offices. Typical claims include:

- a claim in respect of goods or services bought for private use from somebody selling them in the course of a business (consumer claims)

- a claim in respect of goods or services bought for business use from somebody selling them in the course of a business (business claims)

- minor damage to property (excluding personal injuries) and

- the non-return of a rent deposit for certain types of rented properties.

The procedure was designed by the Courts Service to handle claims as cost-effectively as possible without involving a solicitor. The District Court Clerk, as the Small Claims Registrar, processes the claims and seeks to negotiate a settlement without the need for a court hearing. Almost half of the claims that proceed are settled in this way. If the matter cannot be settled the registrar will bring the claim before the District Court.

The Deputy will be aware, the procedure does not cover claims in respect of debts, personal injuries or breaches of leases or higher purchase agreements. Generally such cases may be more effectively and speedily dealt with by way of civil bill. The Deputy will also be aware that the Civil Debt (Procedures) Bill 2015, a separate measure to the Small Claims Court, is currently before the Dáil, and this will provide for the introduction of two additional court based measures, in respect of debts between €500 and €4,000, to the existing suite of measures currently available for the enforcement of civil debt. 

The Courts Service has indicated that the Small Claims procedure is extremely resource intensive requiring multiple contacts with applicants and respondents in order to reach agreement on the claim. A priority for the Courts Service is to maintain the delivery of front-line court services and an appropriate level of service to court users.

I am informed that there are no plans to extend the scope of the small claims procedure at this time.