Seán Sherlock (Cork East, Labour)

I presume the clock starts now. On the recovery order in section 16, subsection 2 states: "Before making a recovery order, the court shall conduct an inquiry into the financial circumstances of the person who has failed to pay the fine concerned and may require the person to provide the court with such information as it may specify relating to those circumstances." Although I am not speaking specifically to the amendments we are dealing with now - I wish to give notice that I will not be moving amendments Nos. 49, 50 and 51 - they do deal with this area. We are seeking to ensure that all possibilities are exhausted concerning a person's particular set of financial circumstances. That person's outgoings should potentially be taken into account also in adjudicating on the issue before going to a recovery order. We want to ensure that a person who is not a serial offender or a hardy perennial before the courts, and who may have transgressed but who ordinarily is a very good citizen, would have every opportunity to pay the fine if they do not have the means immediately at their disposal. I would like to get further clarity on that.

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