Dermot Ahern (Louth, Fianna Fail)

Where a receiver is notified by the Courts Service that a person has not paid a fine by the due date, the recovery order made by the court which imposed the fine takes effect. That gives the receiver power to recover the fine or seize and sell property belonging to the offender equal to the amount of the fine. It may be the case that part of the fine was paid by instalments.

One of the purposes of this amendment is to give the receiver power in such circumstances to recover either the part of the fine that remains unpaid or to seize and sell property equal to its value. While the implication may be that the receiver can only recover money or property to the value of the unpaid part of the fine, it is desirable to make that clear in the Bill.

The other purpose of the amendment is to permit the receiver to recover the fees and expenses reasonably incurred in the performance of his or her functions. The appropriate fees will be set out in a fees order and a record of the expenses will have to be maintained and supplied to the Courts Service every six months. Any overcharging for expenses can have implications for the contract between the Courts Service and the receiver as well as a possible criminal offence under the legislation.

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