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Dáil Éireann díospóireacht -
Thursday, 13 May 1993

Vol. 430 No. 7

Ceisteanna — Questions. Oral Answers. - Collection of Fines.

Desmond J. O'Malley

Ceist:

5 Mr. O'Malley asked the Minister for Justice if, in order to release Gardaí for more urgent work she will appoint independent commissioned agents to collect fines imposed; and if she will make a statement on the matter.

Gardaí are involved in the court fines payment process only in cases where fines have not been paid by the due date and where a warrant is issued by the court to enforce payment. The enforcement of warrants, whether for payment or for any other purpose, is considered to be an integral part of the law enforcement duties of the Garda Síochána. Various proposals are being looked at which would greatly improve the fines collection system and save considerably on Garda time. I will be pressing ahead with proposals on this issue as soon as possible.

Will the Minister accept that there are 700 people in prison at the moment for non-payment of fines and civil debts, that this is an unacceptably high number and that alternative ways of dealing with people who have to pay fines must be found?

I will accept that an alternative way must be found and in the course of the preparation of the legislation the proposal by Deputy O'Malley will be taken into account.

Has the Department considered the possibility of changing parking fines and traffic offences from criminal penalties to civil liabilities? Would she agree that that would have tremendous potential to save time and money by ruling out the necessity to get court convictions for these offences? Would the Minister also consider making it an offence to refuse to pay a fine or to refuse to pay it on time?

The preparation of the Criminal Justice Bill, which includes public order legislation and other matters, is taking account of the issues that Deputy McDowell and Deputy O'Malley have raised. The suggestions raised by Deputy McDowell can be taken into account.

Will the Minister agree that in the case of non-payment of fines every alternative to imprisonment should be investigated, including the confiscation of assets, deduction of the amount of the fine at source, community work orders, etc.? According to the Whitaker report the State saves £12.7 million in capital costs and £3.8 million in current costs at 1985 prices, for every hundred persons not in prison. Will the Minister therefore agree that sending people to prison for non-payment of fines is a very expensive remedy and that other remedies should be found?

I would agree that other alternatives should be explored and those alternatives are being explored in the context of the Criminal Justice Bill.

Is the Minister in a position to tell the House whether any account is kept in her Department of the amount of fines recovered each year by the Minister under her powers under the 1951 Act?

That is a separate question.

There is a separate question relating to that.

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