asked the Minister for Justice if he is satisfied with the situation whereby people can be committed to prison for non-payment of civil debt, particularly for defaults of relatively small amounts to finance companies, and particularly at a time when the prisons are under such pressure; if he plans any legislative changes to end or limit the committal of persons to prison for non-payment of debt; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Payment of Civil Debt.
10.
(Limerick East): As I have indicated in reply to questions in this House on more than one occasion in recent months nobody may be committed to prison merely for non-payment of debt. A person may be committed to prison for failure to comply with a court order to make certain payments in discharge of a debt, an order which may be made only after examination of means designed to establish that the person can pay.
I have already explained on a number of occasions that I could not undertake to indicate, by way of reply to Parliamentary Questions, what specific legislative proposals I might have in a particular area. Any proposals I may have in relation to the subject matter of this question will be announced in the ordinary way in due course.
Does the Minister accept as satisfactory that people who owe relatively small sums of money to hire purchase companies or finance houses may be committed to prison for periods of weeks or even months? Does he consider that constitutes a proper use of the State's penal system?
(Limerick East): That is not what happens. What happens is that a person can be committed to prison for failure to comply with a court order to make certain payments. The issue must be decided in court and there is an obligation on the court to ascertain a person's ability to pay. It is only when they establish that a person can pay that then a person is committed to prison for failure to comply with a court order.
Perhaps the Minister's brief is incomplete but that is not the case. Courts can make orders to commit persons to prison for failure to pay the money involved without any examination of means and that happened quite recently. Let me ask the Minister again if he considers it appropriate that our prisons should be used to hold people basically because they owe money to private finance companies. While the technical reason may be breach of a court order, fundamentally it is because they owe money to a private company. Does he not consider that the Enforcement of Court Orders Act should be amended to ensure that such people are not imprisoned?
(Limerick East): I do not think that the Enforcement of Court Orders Act should necessarily be amended, because obviously it has a place in our legal system. However, there are alternative ways of dealing with the problem of non-payment of smaller debts. I am having those examined at the moment and if legislation is involved I will make announcements in the normal way.
Proinsias de Rossa
Is one of the options being considered by the Minister the ending of the use of our prisons for imprisoning people who owe money?
(Limerick East): Some of the options that I am considering would involve a method of collecting debt which would not involve imprisonment.
The introduction of the stocks.
It is now 3.30 p.m. I must move to questions nominated for priority.