Dáil Éireann Debate, Thursday - 2 July 2009
92 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prisoners currently in prison for debt default; the number imprisoned annually since 2000 to date in 2009 for debt default; if 21 days remains the average timeframe for debt defaulters to be imprisoned; and if he will make a statement on the matter. [26960/09]
Amharc ar fhreagraStatistics on the number of persons committed to prison custody as a result of failure to comply with a court order in relation to the non-payment of a civil debt are set out in the following table. The table covers the years from 2001 to 2009.
|
Year |
Total |
|
2001 |
134 |
|
2002 |
184 |
|
2003 |
221 |
|
2004 |
200 |
|
2005 |
223 |
|
2006 |
194 |
|
2007 |
201 |
|
2008 |
276 |
|
2009 |
186 (until 30 June 2009) |
Figures are not available for the year 2000 as the Prisoner Records Information System was only introduced in the course of that year.
Debtor offences comprise a failure to meet loan repayments to banks and other financial institutions, including credit unions, but also include failure to pay maintenance debt, hire purchase agreements or creditor loans.
The average length of sentence imposed for debt defaulters in 2009 is 24 days imprisonment. I can advise the Deputy that as of 30 June 2009 there are no persons in custody solely for debt default.
Imprisonment for non-payment of debt was abolished by the Debtors (Ireland) Act 1872. However, refusal to pay a contractual debt may amount to civil contempt of court, for which imprisonment may be imposed.
93 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform his proposals to rectify the situation arising from the recent decision of a judge in the High Court, which has led to the Attorney General instructing that warrants regarding committal orders for the non-payment of maintenance to separated spouses cease or be withdrawn; and if he will make a statement on the matter. [26973/09]
Amharc ar fhreagraI can inform the Deputy that I have today published the Enforcement of Court Orders (Amendment) Bill 2009. The amendments proposed in the Bill will replace section 6 and amend section 8 of the Enforcement of Court Orders Act 1940 and will address the issues raised by the High Court decision to which the Deputy refers.
