Seán Sherlock (Cork East, Labour)

I move amendment No. 52:

In page 11, between lines 27 and 28, to insert the following:

"(3) Without prejudice to the generality of subsection (2), where a person is convicted of an offence for which a fine or a sentence of imprisonment, or both, may be imposed, the court—

(a) shall consider whether a fine is appropriate to meet the circumstances of the case;

(b) shall, if satisfied that a fine is appropriate to meet the circumstances of the case, take into account the person's financial circumstances in determining the amount of the fine to impose in respect of the offence;

(c) shall not, if satisfied that a fine is appropriate to meet the circumstances of the case but that, having regard to the person's financial circumstances, undue hardship would be caused by the imposition of a fine of any amount greater than a nominal amount, impose a sentence of imprisonment in lieu of such a fine if a sentence of imprisonment would not be appropriate to meet the circumstances of the case, but may in that event direct the payment of the fine by instalments for such period as the court shall fix, but without prejudice to the power of the court to impose a sentence of imprisonment in lieu of payment of a fine in such amount as the court considers is within the capacity of the defendant to pay.".

I take on board what the Minister has said. These amendments seek to ensure a sense of appropriateness in each individual case. I am satisfied that the Minister's position on these amendments has already been dealt with by the earlier amendments. Therefore I intend to withdraw the amendment.

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