Mary White (Fianna Fail)

The Bill is both necessary and timely, given the predicament in which so many find themselves. It will bring the monetary value of fines up to date by indexing all existing District Court maximum fines and increasing certain fines imposed by the higher courts. It will also give the courts the power to inquire into the capacity of persons to pay fines in order to implement a policy of equality of impact. It will provide for the payment of fines by instalments and the courts with alternatives to imprisonment for default in the payment of fines.

The assessment of ability to pay and the concept of equality of impact are very important. It is a new concept in Irish law. In line with this policy, the courts must ensure, in so far as practicable, the effect of a fine on a person or his or her dependants is not significantly abated or made more severe by reason of his or her financial circumstances. They are obliged, therefore, to inquire into a person's financial circumstances and may then impose a fine that is higher or lower than, or equal to, the otherwise appropriate fine. They will also have the power to direct that a fine may be paid by instalments, if they are satisfied that requiring a person to pay up front by the due date would place that person or his or her dependants under undue financial hardship. This will greatly facilitate a smoother and more efficient collection of fines.

There can be no doubt a scheme for paying fines by instalments will pose an administrative challenge for the CourtsService. To reduce the burden, it has been decided that the payment by instalments system will apply only to fines in excess of €100. As soon as the system is up and running smoothly, that amount can, if necessary, be reviewed. However, for the present it is a prudent but relatively minor limitation on the operation of the scheme. It is also prudent to place a time limit for full payment of the fine and the norm will be for instalments to be spread over one year. However, the person on whom a fine has been imposed may apply to the court for an extension of time and the court may grant the extension for a period of not more than a further year. In other words, there are no circumstances where the payment of the fine by instalments can be spread beyond two years. The extension of up to one year is by no means automatic.

This Bill will introduce greater fairness and equity in the administration of fines. This is particularly important in the current economic climate, when so many families are facing catastrophic personal debt.