Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 77:

In page 19, to delete lines 1 to 6 and substitute the following:

18.—The Act of 1986 is amended—

(a) in section 2, by—

(i) the substitution of the following subsection for subsection (1):

"(1) Where a court is satisfied that—

(a) a receiver appointed under section 15 of the Act of 2010 has been unable to recover—

(i) a fine imposed on a person consequent upon his or her summary conviction of an offence, or

(ii) a sum or sums from the proceeds of the sale of property belonging to that person sufficient to pay that fine,

and

(b) that, in relation to the person, the provisions of section 4 of the Criminal Justice (Community Service) Act 1983 have not been complied with,

it may make an order committing the person to prison for a term not exceeding the appropriate period of imprisonment specified in the Table.",

(ii) the insertion of the following subsections:

"(1A) Where a court has made a community service order within the meaning of subsection (1A) (inserted by section 17(1)(c)* of the Fines Act 2010) of section 3 of the Criminal Justice (Community Service) Act 1983 consequent upon the summary conviction of a person of an offence, it shall, if satisfied that the person in respect of whom it made the order fails to comply with a requirement specified in subsection (1)(b) of section 7 of that Act, make an order committing the person to prison for a term not exceeding the appropriate period specified in the Table.

(1B) For the purposes of determining the appropriate period of imprisonment specified in the Table, the amount of the fine shall be the fine less any sum or sums recovered by the receiver appointed under section 15 of the Fines Act 2010 whether from the proceeds of the sale of property belonging to the person or otherwise.",

and

(iii) the insertion of the following Table:

See this speech in context