John Connor
Question:61 Mr. Connor asked the Minister for Justice if she will make a statement on the recent criticism directed at her and on the practice of reducing and waiving fines imposed in the courts.
Written Answers. - Reduction and Waiving of Court Fines.
Since the coming into operation of the Constitution on 29 December 1937 the right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are vested in the President under the terms of Article 13.6 and 13.9 of the Constitution. Article 13.6 also provides for such power (except in capital cases) to be conferred by law on other authorities. In fact, such power has been conferred on the Minister for Justice under section 23 (3) of the Criminal Justice Act 1951 and the delegated Authority of Government dated 30 March 1951. Accordingly the Minister for Justice is empowered, except in capital cases, to commute or remit, in whole or in part, any punishment imposed by a court exercising criminal jurisdiction, subject to such conditions as the Minister may think proper. All former Ministers for Justice have exercised this power.
Criticism by the media in some cases recently appeared to give the impression that a secret system was in operation whereby privileged people could have fines reduced behind closed doors. Any person is entitled to petition the Minister. The reality is that a large number of people in all walks of life do so and that mitigation — where it occurs — is, as often as not, on the basis of inability to pay. The courts are not always aware of the personal circumstances of individuals when they make their decisions and in fact quite frequently agree, when consulted, that mitigation is appropriate. The alternative of an appeal is of course open but appeals, certainly in relatively minor cases, would not only clog up the courts system which is already under pressure but would be beyond the resources of many people.
The plea for clemency may be made by the convicted person or someone acting on his/her behalf e.g. a relative, a friend or a public representative. I should emphasise that the petitions procedure is not a Court of Appeal and the Minister for Justice has no function in determining the guilt or innocence of a defendant or the appropriateness or otherwise of the penalty imposed by the court. Such matters are properly the subject for appeal to a higher court.
Each petition is considered on its merits having regard to the basis of petition, offence involved and the penalty imposed. Where necessary reports are sought from the prosecuting authority, gardaí, etc., and the decision to exercise clemency is usually taken on humanitarian grounds.
The Minister's powers are not as widespread as may be believed by some critics of the procedure. For example, the Minister has no power to mitigate costs, expenses or compensation awarded by the courts or to intervene in respect of Community Service Orders or in cases which aresub-judice. Neither are petitions considered in cases where power of mitigation is conferred on other authorities by legislation i.e. the Revenue Commissioners.