Dáil Éireann debate -
Thursday, 11 May 1995

Vol. 452 No. 7

Written Answers. - Uncollected Fines.

Desmond J. O'Malley

Question:

17 Mr. O'Malley asked the Minister for Justice the amount of uncollected fines outstanding from Orders of the District Court; the steps, if any, which are being taken to collect these fines; and if she will make a statement on the matter. [8493/95]

Minister for Justice (Mrs. Owen)

District Court fines become due as soon as they are imposed but they are not considered to be outstanding or in arrears until the time allowed for payment has expired. At the time a fine is imposed the court sets a period of time within which the fine must be paid before a warrant is issued. Since the passing of the Courts (No. 2) Bill, 1991, on the 16 July 1991, warrants in respect of unpaid fines must issue within six months of the expiry date given by the court for payment. Together with the introduction of increasing computerisation this has led to a reduction in the number of warrants awaiting issue by the District Court. At 31 December 1991, 61,099 warrants were awaiting issue and by 31 December 1994 this figure had dropped to 21,646.

The estimated value of uncollected fines at 31 December 1994 was £11.37 million, representing 110,126 fines. There were 21,646 warrants awaiting issue by the District Courts and a further 88,480 with the Garda for execution. During 1994 £7.89 million was collected in fines. Every effort is made by the Garda to collect fines due on foot of court warrants which often entails calling to defaulters on a number of occasions. A total of 80,601 warrants were executed by the Garda during 1994.

I have already indicated in an answer to a parliamentary question put down for reply on 7 February 1995 that I am at present considering various proposals in relation to the payment of fines and in particular the introduction of a system of attachment of earnings whereby the court could order that outstanding fines be deducted from a person's earnings. This would represent a form of payment by instalment and legislative proposals which may emerge in this regard will be announced in the usual way in due course.

The House will be aware from newspaper publicity and a statement issued by my Department last night that the Director of Public Prosecutions has directed that a number of summonses issued for parking violations are not to be proceeded with, because a doubt has been raised concerning the adequacy of existing District Court rules to authorise service of summonses by recorded delivery rather than by personal service by a member of the Garda Síochána.

Service of summonses by recorded delivery was authorised by section 22 (1) (c) of the Courts Act, 1991. The Department of Justice, since that legislation was enacted, explored various methods by which summonses could be served. In December last a system of recorded delivery, where a garda delivers a summons but does not personally serve the summons on the person concerned or another adult was introduced. Approximately 11,000 summonses were issued in this way. A number of these have been dealt with by the courts but the Director of Public Prosecutions has directed that the remaining summonses should be struck out.

The problem which had been raised came to notice in my Department yesterday, following the DPP's direction issued yesterday. The District Court Rules Committee have already been asked to draft a new rule to specifically deal with this issue, in order that service of summonses by recorded delivery can resume. In the meantime the Garda authorities have instructed that service of summonses by personal service be resumed.

I am very concerned that this situation has arisen and have instructed my Department to review the position to see whether any similar problems might exist which have not come to light. I have also instructed that the Director of Public Prosecutions should be consulted as part of this review and that in any future situation where rules of court are being considered he is also to be consulted.