Brendan Howlin (Wexford, Labour)

I move amendment No. 54:

In page 76, line 30, after "€3,000,000" to insert the following:

"or 10 per cent of the annual turnover of the defendant as ascertained by the court concerned, whichever is greater,".

The Minister has already responded to this, but his argument that the existence of sub-companies would mean the turnover would not be significant is addressed by the fact that it is €3 million or 10% of the turnover, whichever is greater. Where the turnover is less than €3 million, then the Minister's figure of €3 million is available to the court, so that argument does not hold water.

The ability to pay is an issue, as it is with speeding fines which were not a real deterrent to people driving souped-up Jaguars who did not mind paying €50 on the spot fines, and I say that as the Minister who introduced them. They were a real deterrent to somebody for whom €50 represented a significant chunk of his or her weekly salary. For some companies €3 million is not a significant sum. Only by relating it to the capacity of the company to pay, which is its turnover, will we have a significant deterrent that makes a large company focus on and have regard for the law.

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