asked the Minister for Justice if, in view of large amounts of money owed to the State in unpaid fines, he will make a statement on his intentions regarding the recovery of sums due.
Ceisteanna—Questions. Oral Answers. - Unpaid Fines.
12.
The value of fines being collected is running at approximately £6 million a year and the amounts being collected are tending to increase, despite the arrears. It is inevitable that there will always be some arrears, representing work on the collection process being done by courts staff and by the gardaí. Every effort will continue to be made, within the limit of resources, to keep arrears in check but with due regard to other urgent work commitments of courts staff and the Garda Síochána.
May we take it that this is a scandal likely to continue given the reply the Minister has just given? Some time ago the Minister indicated to the House that the value of fines being collected is £6 million a year. At present the value of fines outstanding is £7.5 million. Would the Minister not accept that clearly in this case the law is an ass or, to use a more parliamentary phrase, the law is being brought into disrepute? In my question I asked the Minister if he would make a statement on his intentions regarding the recovery of sums due. Would you allow me, a Cheann Comhairle, to suggest alternatives or to ask the Minister if he has considered alternatives to the imposition of a custodial sentence in the event of a fine not being paid? Does the Minister envisage the introduction of an on-the-spot fine? Such a scheme might obviate the need to impose a five-day or seven-day prison sentence in the event of a fine not being paid. Clearly the courts are not imposing this penalty. If the penalty of imprisonment was imposed in respect of the amount outstanding the prisons would not be able to cope. What is——
This is a very long question, Deputy.
Is the Minister going to consider the introduction of driving sanctions? For obvious reasons the system is breaking down. Is the Minister aware that there are at present 55,000 warrants ready for execution? This is an indication of the malaise——
The Deputy is embarking on a speech.
There would be no need to continue in this vein if the Minister was prepared to put forward proposals in order to stop this rot. It is a serious problem and confidence in the legal system is being undermined.
Let us hear the Minister.
There is a difference between the figure collected each year and the estimated figure, the figure of £7.5 million to which the Deputy refers. The totals run over from one year to another. They are not going to be exactly the same, there is a difference between the two. One of the reasons for this is that approximately 10 per cent of warrants cannot for one reason or another be executed. I am sure the Deputy could think of all the different reasons.
A lack of manpower being one.
No. For instance, if someone emigrates or something else happens, a warrant cannot be executed. Every effort is being made, within present staff resources, to keep arrears in check. The Deputy has raised the wider question of other approaches, but that is a matter for discussion on another day.
Would the Minister not accept that if the vast majority of these fines were analysed it would be found that the same people keep defaulting and that in effect these people are riding roughshod over the law? The present system needs to be reformed.
I will convey the Deputy's views to the Minister. I accept that there is scope for a wider examination.
In relation to the amount uncollected, what sort of impact does the petitioning by public representatives have on that figure? Can the Minister tell us what percentage of the amount uncollected has been written off following representations from public representatives?
I do not have that information. In any event it is a separate question. In particular cases, for example where there are difficult family circumstances, a fine may be reduced. Obviously this would affect the totals also. This is an indication of the sensitivity and balance in the law. I know of cases, as I am sure the Deputy does, where such an approach is justified. Members of the House would be very happy to know that this happens, given that at present there are many people who are long-term unemployed. I will convey the Deputy's views to the Minister.