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Dáil Éireann debate -
Thursday, 27 Jun 1996

Vol. 467 No. 6

Written Answers. - Non-Payment of Civil Debts.

Michael McDowell

Question:

99 Mr. M. McDowell asked the Minister for Justice the number of persons that have been committed to prison in each of the years 1994 and 1995 for non-payment of maintenance debts and other civil debts; and the period spent in prison in each case. [13843/96]

The information sought by the Deputy is not readily available. To obtain it would require the manual examination of up to 20,000 files and the collation of the information. Such use of staff time could not be justified at present.

In 1993, the latest year for which information is available, out of the 10,252 committals to prison, 277 people were committed by the courts for non-payment of debts, default of sureties and contempt of court. This represented less than 3 per cent of total committals for that year. At any one time, persons in these categories represent less than one-half of one per cent of persons in custody. This is because many of those committed under such warrants make payment either on, or shortly after, committal and are then released.

Michael McDowell

Question:

100 Mr. M. McDowell asked the Minister for Justice the plans, if any, she has to accept the recommendation of the United Nations Committee on Human Rights that imprisonment for non-payment of civil debts should be abolished; and if she will make a statement on the matter. [13844/96]

Michael McDowell

Question:

101 Mr. M. McDowell asked the Minister for Justice the plans, if any, she has to introduce attachment of earnings to enforce awards in all civil cases; and if she will make a statement on the matter. [13845/96]

Michael McDowell

Question:

102 Mr. M. McDowell asked the Minister for Justice whether she intends to give effect to the recommendations of the Law Reform Commission in respect of its report on debt collection; and if she will make a statement on the matter. [13846/96]

I propose to take Questions Nos. 100, 101 and 102 together.

The United Nations Committee on Human Rights expressed its concern over the use of imprisonment in cases of wilful refusal to obey a court order for payment of money, without specifying civil debts.

I am currently reviewing the question of providing alternatives to imprisonment in cases of non-payment of debtfines including the question of a system of attachment of income where a court could order debts to be deducted from a person's income. The issue of the scope of such a system, and whether it should be confined to civil cases where actions have been taken for non-payment of a debt, will form part of that examination as will the cases where there is no income or an income from social welfare only.
The Law Reform Commission has issued two reports on debt collection. The first deals with the law relating to sheriffs and the second with retention of title. These reports, in so far as they relate to matters for which I have responsibility, are under consideration in my Department at present.
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