Dermot Ahern (Louth, Fianna Fail)

Deputy Charles Flanagan raised the issue of community service orders supervised by the Probation Service. In 2009, there were 1,667 such orders, which is up from 1,413 the previous year. While there has been an increase, it is true to say that community service orders have not been used as expansively as we would like. This legislation will send a strong signal from the Oireachtas to the Judiciary in that regard. As I said earlier, there is a sequencing of the stages involved. As Deputy Flanagan would know from his time in the District Court, particularly concerning civil debt cases, the number of times somebody has to attend court to pursue a debt is laborious, expensive and frustrating. We are trying to ensure that this system is as efficient and effective as possible, while reducing the level of Garda and prison involvement for a number of reasons. The main premise, however, is to avoid imprisoning ordinary, decent people who may be coming before a court for the first time. We are trying to ensure that those who can afford to pay, but refuse to do so, will face considerable sanction.

Deputy Sherlock referred to people's ability to pay. Section 13 places an onus on the court, when imposing a fine, to take into account a person's capacity to pay. Having examined the Deputy's amendments Nos. 49 to 51, inclusive, we consider that the legislation encompasses what is required, including a person's income and outgoings.

We examined the issue of attachment of earnings whereby money would be deducted regularly from a person's wages or social welfare payments. Many people who come before the District Court are on low incomes, including those on social welfare. Nonetheless, 75% of them are able to afford a car because 75% of cases heard before the District Court concern motoring offences. If this new process does not work properly, however, I would be open to considering amending legislation to examine the issue of attachment. I am interested in the views of Opposition Deputies on that.

With regard to the question of naming and shaming, amendment No. 79 would give the Courts Service the ability to publish the names and details of fine payment defaulters.

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