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Dáil Éireann debate -
Tuesday, 21 Oct 1997

Vol. 481 No. 7

Written Answers. - Warrants of Arrest.

Proinsias De Rossa

Question:

18 Proinsias De Rossa asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to reports of the circumstances of the arrest of a person (details supplied) for non-payment of a fine for not having a television licence; the investigations, if any, he has carried out into reports that the woman was denied the opportunity to contact her parents to have arrangements made for the care of her young children aged seven, four and three; the number of persons committed to jail for non-payment of fines for not having television licences for each of the past five years; his views on whether such arrests are the best use of Garda and prison resources; and if he will make a statement on the matter. [17004/97]

It is important to bear in mind that the warrant for arrest for failure to pay a fine was issued by the court. As the Deputy will appreciate, the courts are independent in the exercise of their functions. It is not open to the Minister to comment on the courts' decision and there is a duty on the Garda to act on foot of those decisions. The Minister wishes, however, to comment on the circumstances surrounding the execution of the warrant, given the publicity which the matter has attracted.

While fully appreciating the upset and inconvenience which is experienced when the garda come to execute a warrant, the Minister wishes to explain that the person referred to by the Deputy was given notice, both orally and in writing by the gardaí that there was a warrant in existence for non-payment of her television licence. The fine was not paid and she was accordingly arrested on foot of the warrant. Following her arrest, a neighbour took care of her children and the Minister understands that the person in question agreed to this arrangement. She was taken to Rathfarnham Garda station where she spoke to her father and sister by telephone. The Minister understands that an offer was made by a family member to pay the fine at this stage but that she declined the offer. In addition to the warrant for non-payment of the television licence, a second warrant — for sale of intoxicating liquor by retail — was also executed against this person.

The precise information sought by the Deputy in relation to the number of persons committed to prison for non-payment of fines for not having a television licence is not available. However, in 1993, the latest year for which relevant information is available, the total number of persons committed in default of fines was 1,880. It is not possible to say how many of these committals related to television licences.

On a general point the Minister wishes to say that he is concerned that we have a relatively cumbersome and expensive system for dealing with the non-payment of fines even for small sums of money. The Minister is having this issue considered to see if there are viable alternatives, including the attachment of income. But, as the law stands, the Garda will be obliged to execute warrants of this kind issued by the courts.
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