asked the Minister for Justice if he is aware that four gardaí in a squad car called to the home of a person in Dublin (details supplied) at 7 a.m. on 14th July, 1971, and demanded payment of a fine of £2 for a school attendance offence; and that the gardaí stated that unless the fine was paid forthwith he would be taken to the Garda station; and if this is in accordance with the normal procedure in these matters.
Ceisteanna—Questions. Oral Answers. - Collection of Fine.
119.
The fine in question was imposed in November, 1970, the decision of the court being that the fine was to be paid within 14 days or, in default, that the defendant was to be imprisoned for a month. As the fine was not paid, a warrant for arrest was issued on 22nd April last. The gardaí called at the house with the warrant on numerous occasions but were unable to interview the person concerned. Promises were made on each occasion by another member of the family that the fine would be paid. On the morning of 14th July, at about 7.30 a.m., a squad car happened to be in the vicinity on other business and the gardaí, therefore, availed themselves of the opportunity to call again at the house. As the fine was then paid, the need to execute the warrant did not arise.
I have great respect for the gardaí and I am quite sure they have a good deal of work to do but does the Minister not agree that to send a squad car even at 7.30 in the morning into a residential district to collect a £2 fine for a school attendance offence with a threat of imprisonment is using a sledge hammer to kill a very small fly? Is the Minister not aware that the man concerned was out of the area for quite a long time and, therefore, was not available? Would the Minister not agree there should be some other means of collecting such a fine rather than using the full force of the law at that hour of the morning, giving the impression to the man's neighbours that he committed some criminal offence?
The gardaí were in the difficulty that they had called so often at the house—I am loath to say how often in public because I fear other people might expect the same leniency—and were never able to find the man at home because he went to work very early and came home very late. They were in the vicinity this morning, admittedly rather unusually early for this type of thing, but because of the extreme difficulty they had up to then and all the promises they had got, they decided there was a better chance of his being home at this time and they availed of the fact that they were in the locality to call.
I am sorry to take up the time of the House on this but there is a very serious precedent involved. Would the Minister not agree that sending four gardaí in a squad car to the home of a respectable citizen—it must be admitted he is a respectable member of the community—to collect a £2 fine for failure to send a child to school is not the way things should be done? Could not an effort have been made by one garda to call at night or in the evening rather than knock up people at 7 o'clock in the morning in an area such as that? Would the Minister not agree that should not be encouraged and that an effort should be made to deal with these matters differently?
There is no question of four gardaí having been sent in a squad car——
They did arrive in a squad car.
The four gardaí were in a squad car and happened to find themselves very close to this man's house. One of them remarked that he had this warrant, that he had called a very large number of times at all hours of the day and had been unable to collect the fine. In those circumstances, they knocked at the door at 7.30 in the morning. I accept that is not a usual time and only that the circumstances were very unusual they would not have called then.
I assume the gardaí were engaged in investigating some type of criminal activity if they were out with a squad car at 7 o'clock in the morning. Would the Minister try to ensure that no citizen, even somebody who has committed the heinous offence of owing £2 for a school attendance offence, should be got out of bed at that hour of the morning so that all the neighbours will see a squad car calling to the house? Will he ensure this precedent will not be adopted?
The gardaí made the most strenuous efforts to collect this fine which had been outstanding for eight months. It was very unusual.
Perhaps the Minister is aware of other fines and other things that have been outstanding for very much longer.