Conor Lenihan (Dublin South West, Fianna Fail)

The figures were provided by the Minister for Justice, Equality and Law Reform in response to a parliamentary question. They refer to all warrants recorded on the PULSE system since the commencement of a new release of the system in November 2003, when all remaining outstanding warrants were transferred to the PULSE system.

It is inevitable in any criminal justice system that at any given time there are a significant number of warrants awaiting execution. The majority of the outstanding warrants relate to financial penalties, not to violent crime. The Garda Síochána continues to give priority to the enforcement of warrants arising in serious cases.

It is the case too that many individuals are subject to multiple warrants. Aside from the large volume of warrants being issued, there can also be unavoidable reasons that warrants take time to execute or prove ultimately unenforceable.

It is difficult to be precise as to what level of outstanding warrants at any time represents the optimal situation. The number of warrants outstanding has to be seen in the context of the constantly increasing strength of the Garda Síochána, now in the region of 14,000. Nevertheless, the Minister has sought from the Garda Commissioner a detailed report on the implementation of warrants in so far as the Garda Síochána is concerned.

In the interim, he has been advised that the Garda Commissioner has recognised that steps need to be taken to reduce the number of outstanding warrants as much as possible. Each regional assistant commissioner has been directed to give priority to this issue and to review procedures in their areas for the execution of warrants.

The Minister is also taking several steps to deal with this issue. A particular difficulty is that cases relating to the non-payment of fines clog up the courts system since the Garda have to seek warrants to enforce their payment. A pilot project has been introduced by the Department under which outstanding fines have in effect been pursued in terms of debt collection by an outside agency, rather than moving directly to the stage where the Garda seeks a warrant. This pilot project is proving successful and seems to offer good grounds for introducing it on a wider footing. The Department, in consultation with the Garda and the Courts Service, will take it forward.

Additional information not given on the floor of the House

There is also a Fines Bill before the House. Among other things, it provides for the payment of fines by instalment and an improved means of assessing the capacity of a person to pay a fine. These proposals, if implemented, will result in a smaller number of warrants being issued and so reduce pressure on the warrant system. The Minister is also looking at other legislative measures which might help in the whole area of collection of fines so as to improve the efficiency of the system, particularly by reducing the amount of Garda time dedicated to the warrants process.

The Law Reform Commission is at present finalising its next programme of law reform, which will begin in 2008. The programme will include an examination of the enforcement of court orders and the service of proceedings in both civil and criminal cases, in particular the procedure for the execution of bench warrants and search warrants. This topic is being included because it is recognised that there are significant issues in this area at present. The programme will be submitted to the Government very soon for approval. Based on previous experience with the Law Reform Commission, which invariably produces reports and recommendations of the highest standard, it should prove of immense value in this area.

The Minister and the Garda Commissioner are aware of the importance of administering an efficient warrants process and will continue to monitor the operation of the system, particularly with a view to making whatever changes may be necessary to improve its operation.

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