Paul Gogarty (Dublin Mid West, Green Party)
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Question 208: To ask the Minister for Justice and Law Reform if he will review the system for non payment of TV licences and other fines, in view of the costs to the State and instead investigate a system of phased deductions from income or social welfare payments and or community service; and if he will make a statement on the matter. [43719/10]

Dermot Ahern (Louth, Fianna Fail)
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The Fines Act 2010 provides for an innovative, balanced and more humane approach to the determination and collection of fines.

The Act will be commenced on a phased basis and the capacity to pay provisions will be among the first features of the legislation to be commenced in January, 2011. Section 14 places an obligation on the court to take account of the defendant's financial circumstances before a fine is imposed.

The remaining sections of the Act will be commenced as soon as the necessary arrangements have been put in place by the Courts Service to fully facilitate its operation.

The legislation does not make provision for attachment of earnings or social welfare payments. However, section 15 of the Act will allow a person on whom a fine has been imposed to make an application to the court to pay by instalments. A fine can be paid over a period of 12 months and exceptionally, over a two year period. I would like to see how these arrangements operate in practice before considering the possibility of adding attachment measures to the legislation.

The Act also provides for alternatives to imprisonment in the event of default on payment of a fine. In these circumstances, a recovery order - made at the time the court imposed the fine - can be activated and a receiver will be entitled to recover the fine, or to seize and sell property belonging to the person and recover the fine from the proceeds.

If the receiver fails to collect the fine or its value in seized goods, section 18 of the Act will make it possible for the court to impose a community service order on the defaulter rather than sending him or her to prison. Imprisonment on default of payment of a fine will be a last resort.