Bernard Allen
Question:1079 Mr. Allen asked the Minister for Justice, Equality and Law Reform the reason gardaí are ignoring petitions submitted to him and are arresting persons who have petitions lodged for reduction of fines. [2417/01]
Written Answers. - Petitions to Minister.
I am informed by the Garda authorities that as a consequence of the High Court case – Shane Dunne v DPP there is a legal obligation on members of An Garda Síochána to execute warrants as soon as is practicable. I refer the Deputy to the general letter about the petitions procedure which issued to all Members of the Oireachtas in 1998.
The petitions application procedure provides guidance for intending applicants and indicates that there is no statutory requirement on the Garda Síochána to defer the enforcement of a warrant in respect of a penalty under petition. I should of course point out that warrants are an order of court and no distinction can legally be made between those warrants in respect of which petitions have been lodged and other warrants, which have not been petitioned. That is the position in the case to which the Deputy refers.
Bernard Allen
Question:1080 Mr. Allen asked the Minister for Justice, Equality and Law Reform the status of petitions submitted to his Department for reduction of fines; and if the submission of petitions delays the position of the prison sentence which is ordered in default of payment. [2418/01]
The status of petitions in respect of fines imposed by courts exercising criminal jurisdiction is set out in section 23 of the Criminal Justice Act, 1951, as amended by section 17 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, and having regard to a 1995 High Court judgment on petitions. The High Court judgment states that the power to mitigate penalties should be used sparingly and only for special reasons. It also noted that the petitions procedure is not a parallel or alternative system of justice to that provided by the courts.
I wrote to all Members of the Oireachtas in 1998 about the petitions procedure. Also, detailed information about the very restricted scope of the procedure is provided in the combined information sheet and application form for the guidance of intending applicants. The question of the enforcement of warrants is addressed in both the general letter and the combined information sheet and application form. There is no statutory requirement on the Garda Síochána to defer the enforcement of a warrant in respect of a penalty under petition. There is, in fact, an obligation on the Garda Síochána to enforce all warrants irrespective of their status.
Bernard Allen
Question:1081 Mr. Allen asked the Minister for Justice, Equality and Law Reform if he will have investigations made into a situation where a person (details supplied) in County Cork was imprisoned for the non-payment of a fine on 13 January 2001 despite the fact that a petition had been lodged on his behalf in late 2000; and the reason the petition for a reduction in the fine was ignored by gardaí. [2419/01]
I am informed by the Garda authorities that as a consequence of the High Court case – Shane Dunne v DPP there is a legal obligation on members of An Garda Síochána to execute warrants as soon as is practicable. I refer the Deputy to the general letter about the petitions procedure which issued to all Members of the Oireachtas in 1998. The petitions application procedure provides guidance for intending applicants and indicates that there is no statutory requirement on the Garda Síochána to defer the enforcement of a warrant in respect of a penalty under petition.
I should of course point out that warrants are an order of court and no distinction can legally be made between those warrants in respect of which petitions have been lodged and other warrants, which have not been petitioned. That is the position in the case to which the Deputy refers.