Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 26 May 1998

Vol. 491 No. 3

Written Answers. - Payment of Fines.

Liam Aylward

Question:

411 Mr. Aylward asked the Minister for Justice, Equality and Law Reform if he will introduce an instalment payment procedure in the District Court offices in relation to outstanding fines where petitions for mitigation of penalties imposed by courts exercising criminal jurisdiction are no longer accepted by his Department following the High Court judgment in April 1995. [11807/98]

The High Court judgment in April 1995 on petitions restricted significantly, but not entirely, the powers of clemency which I may exercise in relation to penalties imposed by courts exercising criminal jurisdiction. The judgment requires that the power of clemency be used sparingly and only in special cases and in exceptional circumstances.

At present, neither District Court offices nor gardaí may accept payment of fines in criminal cases by instalment. This bar is a legal one since the law provides only for payment of a fine to be made in full to the court clerk by the due date. As regards the gardaí, payment by instalment is not permitted because, where a defendant failed to pay a later instalment, the committal warrant would be invalid. A sizeable number of fines are paid in cash and it is also necessary to adhere to strict accounting procedures in handling fines receipts. Payments by instalment would tend to weaken such control procedures significantly. However, arrangements are in place under which a defendant may request a court to allow an extension of time in which to pay a penalty.

I am at present considering various proposals in relation to the payment of fines including 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. I cannot say when an attachment of earnings Bill will be published. This will be announced in the usual way in due course.

Top
Share