Dermot Ahern (Louth, Fianna Fail)

In practical terms this amendment seeks to define the expression "maximum fine" for the purpose of the use of that expression in section 8, which provides for an increase in the amount of certain fines on conviction or indictment. The amendment seeks to include in the meaning of "maximum fine" a fixed fine and, in effect - if I can use a non-legal term - to unfix it. We do not have many fixed fines on the Statute Book. Such fines usually relate to Revenue offences. For example, section 65(1) of the Finance Act 2008 requires that conviction for the offence of contravening or failing to comply with provisions concerning electricity taxes, without prejudice to any other penalty to which the person may be liable, carry a penalty of €5,000. Fines are fixed for a reason. The fact they are fixed implies the sponsoring Department wishes to provide an unchanging level of penalty as a response to particular types of offences. It would not be appropriate to provide that such penalties could be raised automatically along with other fines. There is an opportunity for the sponsoring Department to review such fines annually during the preparation of Finance Acts and there is little chance of them falling out of date. I understand the thinking behind the amendment and appreciate the effort made on Committee Stage. I have consulted with the draftsmen and it has been decided it would not be appropriate to include fixed fines in an indexing provision. Therefore, I cannot accept the amendment.

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