Dáil Éireann Debate, Wednesday - 22 April 2009
85 Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform if he has plans to introduce legislation to allow for fines and civil debt to be paid incrementally; and if he will make a statement on the matter. [14345/09]
Amharc ar fhreagra134 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform when, further to an interview (details supplied), he will introduce legislation to end prison terms of non-payment of fines; and if he will make a statement on the matter. [14258/09]
Amharc ar fhreagraI propose to take Questions Nos. 85 and 134 together.
The Fines Bill 2009 was published last Monday, April the 20th.
The Bill covers three main areas of policy; the indexation of fines, the capacity of persons to pay fines and alternatives to imprisonment where a fine has not been paid by the due date for payment.
In particular, section 14 of the Bill provides that where a fine is imposed on a person, that person may apply to the court to pay the fine by instalments. If the court is satisfied that to pay in full by the due date would result in undue financial hardship for the person who was fined, or to his or her dependants, the court can direct that the fine be paid by instalments over a period of one year. An extension of not more than a further year may be given by the court where it is satisfied that the financial circumstances of the person have changed and that the change is not due to the person's culpable neglect.
In addition, I am providing the courts with three new options where a fine has not been paid by the due date. These are the appointment of a receiver, where the fine was imposed following conviction on indictment, recovery of the fine as if it was a civil debt and the imposition of a community service order.
I believe that this legislation will make a significant contribution towards reducing the numbers imprisoned for the non-payment of fines while at the same time preserving the integrity of the fines system.
There are no plans at present to amend the law in relation to civil debt. However, operation of the law is being kept under review in my Department.
