Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 55:

In page 13, between lines 30 and 31, to insert the following:"

(7) A court shall, when imposing a fine on a person, inform the person of his or her entitlement to make an application referred to in subsection (1).".

The question of the court being obliged to inform an offender of the right to apply to pay a fine by instalments was raised on Committee Stage by Deputy Charles Flanagan. I undertook to consult the Attorney General on this point. There is no legal reason why a court should not be obliged so to inform an offender. While it might be argued that offenders will become well aware of the instalment option once it becomes operational, the effect of this amendment could, in a small number of cases, avoid subsequent problems in paying the fine. Therefore, I thank the Deputy for raising this point, which will improve the Bill. I do not see any need for the remaining elements of Deputy Flanagan's amendment concerning the question of payment by instalments, which is more adequately covered in the Bill.

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