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Dáil Éireann díospóireacht -
Thursday, 25 Feb 1993

Vol. 426 No. 7

Written Answers. - Non-Payment of Debts.

Richard Bruton

Ceist:

105 Mr. R. Bruton asked the Minister for Justice the number of persons who were imprisoned during the most recent 12 month period for which figures are available for non-payment of debt; the average sentence involved; the average sentence served; and if she will make a statement on the other non-custodial penalties which could be introduced to deal with such cases.

The number of persons committed to prison for failure to comply with a court order to make payments in discharge of a civil debt was 219 for the 12 month period from 24 February, 1992 to 23 February, 1993 and the average sentence imposed by the courts was 24 days. The information sought by the Deputy as to the average period spent in custody by such persons is not readily available and could not be obtained without an inordinate expenditure of staff time. It should be noted that the average period spent in custody by debtors would be less than the average period of committal imposed by the courts because, in practice, some debtors make payment either on committal or shortly after committal.

In order that the impact of the foregoing on prison accommodation may be properly understood I should explain that the number of persons committed to prison for non-payment of debt represents a small fraction only of the total committals to custody in any year. Such persons occupy less than 1 per cent of prison space on an annualised basis.
Nobody may be committed to prison merely for non-payment of debt. Commital usually takes place only after all other avenues to enforce the debt have been exhausted. In fact a person may be committed to prison only for failure to comply with a Court Order to make payments of a debt, an order which may be made only after examination of means designed to establish that the person can pay. Only those with the capacity to make payment may be committed. The question of introducing a system of attachment of earnings to secure payment of debts is under examination at present. Any proposals which may emerge will be announced in the usual way in due course.
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