Gay Mitchell
Question:4 Mr. G. Mitchell asked the Minister for Justice the amount of outstanding fines for each of the past five years.
Ceisteanna—Questions. Oral Answers. - Outstanding Fines.
I am taking the Deputy's reference to the amount of outstanding fines as including the number and value of the fines involved. The number of fines imposed in any one year which had not been paid by the end of that year is not readily available from court files and could only be compiled by the allocation of disproportionate staff time to the task.
The information available, and I believe what the Deputy requires, is the cumulative total of outstanding fines at the end of each year and their estimated value. The most recent year for which figures are available is 1992 and the figures for it and the preceding four years are as follows:—
|
Number |
Estimated Value |
|
|
1988 |
115,074 |
£7.51 million |
|
1989 |
122,994 |
£8.78 million |
|
1990 |
98,766 |
£7.51 million |
|
1991 |
86,794 |
£6.43 million |
|
1992 |
84,387 |
£9.76 million |
To avoid any possibility of confusion, I should explain that it means that at the end of 1992 the total number of outstanding fines and their estimated value for all previous years, including the five years mentioned by the Deputy, was 84,387 and £9.76 million respectively. The total value of fines collected over the five year period mentioned by the Deputy was £34.66 million.
At any time there is bound to be a considerable number of unexecuted warrants outstanding representing work currently on hands by courts staff and gardaí and this could not be properly termed arrears. In addition some warrants cannot be executed by the gardaí because the defendant has moved from the address on the warrant and his new address is unknown. Furthermore, there are many cases where payment of the sums provided for in the warrants would involve genuine difficulties or even hardship for the persons concerned and this is a factor which militates against anything approaching a complete enforcement rate.
The figures are quite high but the numbers of fines outstanding were reduced by approximately 27 per cent over the five year period. The fact that the value of the reduced numbers of outstanding fines is increasing probably reflects an increase in the levels of fines imposed by the courts. With a view to making further progress in this area, I am having the question of payment of fines by attachment of earnings examined in my Department at present.
Is the Minister aware that even if one-third of the outstanding fines for 1992, the most recent year for which she has given figures, were collected, in-cell sanitation facilities could be provided for every prisoner in Mountjoy? Would she agree it is totally unacceptable that such a substantial amount of money is left outstanding and that there is a need to approach the collection of fines in a new way? Would she agree that the possibility of a collection agency, whether in the public or private sector, should be considered as at present there is great wastage of Garda manpower, with gardaí calling repeatedly to homes to collect outstanding fines?
I do not have a closed mind on the method of collection of fines. A number of proposals have been made in the recent past by a committee of this House, of which the Deputy's brother is a member, as well as by a number of individuals inside and outside the House. I will examine all reasonable proposals put before me. I agree that the amount of money outstanding could be spent in many areas, including that raised by the Deputy. The outstanding amount is very high. However, it must be appreciated that in the five years in question there was a reduction of 27 per cent in the amount outstanding and we are moving in the right direction.
Will the Minister consider the possibility of a percentage reduction in fines where the fine is paid to the local court clerk or local Garda office within, say, seven days of it being imposed? Will she consider introducing interest payments on outstanding fines to encourage people to pay their fines expeditiously so that Garda time is not wasted in repeatedly calling on people? Will she give the courts power to collect fines, not just by way of attachment of earnings — we discussed this matter in the House — but by way of seizure of assets if necessary so as to ensure that the system does not continue to be clogged up by outstanding fines and that Garda time is not wasted in the collection of fines which are mounting from year to year?
The proposals put forward by the Deputy — the reduction in fines paid immediately, attachment of interest to fines outstanding for a long time and seizure of assets — have merit and will be taken into account in discussions in my Department on how best to collect fines.