Vol. 566 No. 1
684 Mr. O'Dowd asked the Minister for Justice, Equality and Law Reform the system in place in his Department to ensure that individuals with literacy problems will not end up in prison for non-payment of fines when all contact with such persons is in writing only; and if he will make a statement on the matter. [12357/03]
685 Mr. O'Dowd asked the Minister for Justice, Equality and Law Reform his views on whether imprisonment for non-payment of a dog licence fee is inappropriate and disproportional to the offence; and if he will take immediate action to rectify this situation. [12358/03]
691 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if a miscarriage of justice has taken place in regard to a person (details supplied) who spent ten days in prison from 18-28 April 2003 due to the fact that he did not understand that he has to pay a ?12 dog licence; and if he will consider making a public apology to the person concerned. [12402/03]
I propose to take Questions Nos. 684, 685 and 691 together.
The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and, therefore, it is not open to me, as Minister for Justice, Equality and Law Reform, to comment or intervene in any way in relation to how a particular case was conducted or the outcome of any such proceedings. However, I understand that the matter relates to a person who was fined €200 in court because he did not have a dog licence as required by the Control of Dogs Acts 1986 to 1992 and regulations made thereunder. In the case of fines, the normal procedure is that where a fine is not paid within a specified period a warrant is subsequently issued by the court which is executed by the Garda Síochána. I understand this is what happened in this particular case, and the person was committed to prison for the non-payment of the fine.
As the Deputies will appreciate, records of the decision in court cases and the communication of the decision of the court is always in writing to ensure that the correct decision issues to the parties concerned. This is in line with the general method of official communication in this and other states. It is particularly important to ensure that decisions of the court are clearly and correctly communicated to ensure that there is no confusion or error in the decision issued. I have been informed by the Courts Service that, without notification that a person has literacy problems, the courts and Courts Service do not make special provision to provide alternative methods of communication for such a person. Where such problems are notified to the court office, the staff would of course assist by reading out the summons to the person concerned.
