Dáil debates

Wednesday, 3 March 2010

Fines Bill 2009: Report and Final Stages.

 

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)

I will not delay proceedings except to say that I agree with the tenor and tone of the amendments tabled by the Minister. The primary purpose of the legislation is to ensure that people who are not criminals but who transgress or make mistakes will not be imprisoned as a result of not paying fines. The legislation is also designed to put in place a process to ensure that people will have every avenue open to them in order that they might pay fines.

Will the Minister clarify the position with regard to people's financial circumstances? Do I understand that there is some degree of sympathy for persons who may have transgressed and who might find themselves subject to fines? Will the new process take into account an individual's inability to pay in the context of both their outgoings and their overall earnings? The Minister referred, in some sympathy, to persons who may have unintentionally transgressed and indicated that, for obvious reasons, he wants to keep them out of prison. Is it the case that an appointed receiver will be in a position to recover property from someone who does not pay a fine?

The amendments before the House improve the legislation. The bottom line is that citizens must be given every means and opportunity possible to pay fines and avoid prison. In addition, the legislation must contain a mechanism which ensures that no one will take advantage of any perceived softening in the approach of putting in place a system of fines in the first instance. I welcome the amendments.

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