Written Answers. - Personal Injury Compensation.
Eamon Walsh
Ceist:
103
Mr. E. Walsh
asked the
Minister for Justice
if she will introduce legislation to provide that, on conviction for offences which involve injury to the person or property of another, the injured party may seek the imposition by the same court of a fine equivalent to the damage caused in addition to any custodial sentence, such fine to be imposed immediately after the criminal case and payable into court over a specified period and then to the injured party to obviate the need to take a civil action arising out of the same circumstances; her views on whether such a procedure would reduce the amount of civil actions in the courts because of the higher burden of proof in criminal cases; her views on whether it would provide the Garda with a cause for arrest of the offender in the case of unpaid fines; and if she will make a statement on the matter.
[9756/95]
The issue raised in the Deputy's question are to a large extent already dealt with by sections 6 to 9 of the Criminal Justice Act 1993.
Under that Act criminal courts have a general power to require offenders to pay compensation to the victim for any personal injury or loss resulting from the commission of any offence and this may obviate the need for a victim to institute civil proceedings with a view to obtaining compensation.
The court may make the compensation order either instead of or in addition to dealing with the offender in any other way. Where it considers that it would be appropriate both to impose a fine and to make a compensation order, but the means of the offender are insufficient to pay both, the court must give preference to making a compensation order.
The amount of the order can be an amount equivalent to what in the court's opinion the injured party would recover in a civil action against the offender. In determining whether to make the order, and for what amount it should be, the court must have regard to the offender's means. It may, if it considers it appropriate, provide for payment by instalments. This is to ensure that the order can be realistically enforced. The court must also have regard to any evidence and representations that are made by or on behalf of the offender and the injured party.
Payments under a compensation order, be they by instalment or otherwise, must be made by the offender to a District Court clerk for transmission to the injured party concerned. Where there is a default in payment, the District Court clerk may enforce recovery of sums in arrears whether by proceeding in his own name for an attachment of earnings order or otherwise.
I am not satisfied that the measures referred to by the Deputy would represent an improvement on the existing legal position which I have outlined. While I have no immediate proposals to change the provisions of the 1993 Act, I will of course keep their operation under review and consider any specific proposals for reform which may arise.
