Dermot Ahern (Louth, Fianna Fail)

Section 14, as passed by Dáil Éireann, provides for the payment of fines by instalments. Subsection (1) permits an offender to make an application to the court which imposed the fine to use that method of payment. Subsection (7) obliges the court to inform the offender of his or her right to make such an application. It is the intention that the application can be made subsequent to the court hearing which imposed the fine. For example, a person might not have applied to pay by instalments when the fine was imposed but subsequently incurred a major expense that makes it difficult to pay a lump sum.

The Bill does not place a time limit on the making of such an application, although common sense would suggest that an application after the due date for payment would not be entertained. To prevent uncertainty, Seanad amendment No. 27 states that an application to pay by instalments must be made before the receiver is notified of the default. This is likely to be several weeks after the default because breathing space will be given to persons following a series of reminders.

Amendment No. 25 is consequential to providing that an application can be made at any time up to notifying the receiver of the default. This is because a person can make a further application for an extension of up to one year after the original application. It is necessary that the two applications are not confused. The first involves paying by instalments and the second is for an extension to the original period of payment directed by the court. These amendments clarify the time available for making an application to pay a fine by instalments where such an application was not made on the date of the court hearing at which the fine was first imposed.

See this speech in context