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Courts Service Issues

Dáil Éireann Debate, Tuesday - 22 January 2013

Tuesday, 22 January 2013

Questions (500)

Terence Flanagan

Question:

500. Deputy Terence Flanagan asked the Minister for Justice and Equality the amount owed to the Exchequer in outstanding fines imposed by the Courts; and if he will make a statement on the matter. [2586/13]

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Written answers

As the Deputy will be aware, under the provisions of the Courts Service Act 1998 management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that significant improvements have been made in recent years to the fines collection process for court imposed fines. This includes timely and frequent issue of reminders, together with provision of an on-line facility for the payment of fines and general improvement in management of the fines collection process. The length of time within which a fine can be paid can vary considerably and is determined amongst other things by the discretion of the judge and value of the fine. Currently if the fine remains outstanding within 6 months of the due payment date, a warrant is issued to An Garda Síochána to pursue the outstanding fine. Once a warrant is issued, the Courts Service has no further function in pursuing unpaid fines.

The Courts Service has informed me that, under the current system, and taking account of the above, the value of fines outstanding is assessed on a rolling 12 month period. For the 12 months to the end of December 2012, the total value of fines imposed was €31.5m (95,500 fines). The total value of fines collectable after adjusting for appeals and cancellation of warrants by a court was €17.3m (60,000). In 2012 a total of €15.3m was received. While this gives a collection rate of 89% based on value, it should be noted that some of the payments received in 2012 would relate to fines imposed prior to 2012. At the end of 2011, the average collection rate was 69%. The Courts Service considers that this rate is a truer reflection of the actual collection rate as a number of other factors impacted on the compliance rate for 2012, including a decline in the value and volumes of court fines imposed in 2012 compared with 2011.

As the Deputy will be aware, the General Scheme of a Fines (Amendment) Bill has been published with a view to enactment this year if possible.

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