Vol. 472 No. 7
120 Miss M. Wallace asked the Minister for Justice the number of petition requests which have been received in her office on a month by month basis over the past two years; the number of these petitions which have been dealt with; whether the court fine system is being clogged up due to petitions being acknowledged with no further action being taken; and if she will make a statement on the matter. [24067/96]
As regards petitions generally I am considering new guidelines which will allow the petitions process to operate in a way that meets the criteria indicated in the Geoghegan High Court judgment.
Statistics relating to petitions are maintained by reference to petitions finalised and the number of petitions finalised each month in 1995 and in 1996 are given in the tables below. Estimated numbers of petitions received are calculated from time to time and such calculations as are available are also provided.
In relation to the status of a fine which is the subject of a petition, a petition does not place a stay on the order of the District Court judge. Notwithstanding the fact that a petition has been lodged by or on the defendant's behalf, if the fine is not paid within the time allowed by the judge, a warrant will be issued to enforce the court's decision as is the normal procedure in cases where fines are not paid on time. Section 1 (1) of the Courts (No. 2) Act, 1991 provides that a warrant must be issued within six months of the due date of payment of the fine imposed. However, while there is no statutory requirement on the Garda Síochána to defer enforcement of a warrant in respect of a fine which is under petition, it is normal practice for them to do so upon production of an official acknowledgment of petition and to await the outcome of a petition.
|
1995 |
Estimated No. of Petitions Received |
No. of Petitions Finalised |
|
January |
430 |
46 |
|
February |
530 |
74 |
|
March |
440 |
124 |
|
April |
270 |
291 |
|
May |
220 |
28 |
|
June |
170 |
35 |
|
July |
200 |
35 |
|
August |
340 |
31 |
|
September |
140 |
45 |
|
October |
200 |
57 |
|
November |
180 |
36 |
|
December |
16 |
|
|
Totals |
3,120 |
818 |
|
1996 |
Estimated No. of Petitions Received |
No. of Petitions Finalised |
|
January |
310 (Jan-Mid Feb) |
23 |
|
February |
18 |
|
|
March |
160 (Mid Feb-March) |
14 |
|
April |
330 |
37 |
|
May |
24 |
|
|
June |
210 |
24 |
|
July |
18 |
|
|
August |
220 |
30 |
|
September |
9 |
|
|
October |
— |
41 |
|
November |
— |
33 |
|
Totals up to 30 November |
1,230 |
271 |
