Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 79:

In page 19, between lines 6 and 7, to insert the following:

20.—(1) The Courts Service may, from time to time, publish in such manner as it considers appropriate (including on the internet) a list of the names and addresses of persons who have failed to pay fines imposed on them by the due date for payment.

(2) In any particular case, the Courts Service shall not publish a person's name and address in accordance with this section before the notification of the receiver under subsection (4)* of section 15 of the person's failure to pay the fine by the due date for payment.

(3) In this section "due date for payment" means, in relation to a fine—

(a) the date specified by the court that imposed the fine as being the date by which the fine is required to be paid, or

(b) where a direction is given under section 14, the date by which the final instalment of the fine is required to be paid in accordance with that direction.".

This amendment relates to the publication of a list of names of persons who fail to pay fines on time. Some persons in the community fail to pay their fines and take a chance on a warrant for their imprisonment not being executed. If their warrant is executed, they may pay the fine at the last second to avoid imprisonment or may even go to prison on the basis that it will be, at most, only for a day or two. The cost to the State in Garda time and of admission of offenders to prison are substantial when calculated over a year. The changes I have already provided for in previous amendments should greatly reduce the level of default. However, it would be naive not to assume that a hard core of defaulters will continue to defy the State by refusing to pay their fines. In this amendment, I introduce a name and shame scheme, whereby fine defaulters will have their names and addresses published at regular intervals. It will be administered by the Courts Service, which can publish the list in a way most convenient to it and, possibly, on the Internet. From the point of view of this proposal, a person is considered to be in default from the date the receiver is informed by the Courts Service of the person's failure to pay the fine by the due date of payment. This is an innovative proposal aimed at attaining the maximum acceptance with court orders to pay fines. Some persons will ignore all of the other attempts to collect the fine, but I am satisfied that many of these would not want their neighbours, families or friends to know they are not paying their debt to the State. I commend the amendment to the House.

See this speech in context