Dermot Ahern (Louth, Fianna Fail)

The purpose of amendment No. 40 is to ensure the definition of "fine" is properly inserted in the Criminal Justice (Community Service) Act 1983 and that the reference to the Fines Act 2010 is correct. Under the 1983 Act, community service can only be imposed by a court as an alternative to imprisonment. In this legislation I am extending the possibility of community service being imposed to circumstances in which a fine has not been paid by the due date and a receiver has been unable to recover the fine or its value in property. Therefore, by inserting in the 1983 Act provisions where the word "fine" is used, it is necessary to define "fine" for the purposes of that Act. The definition being inserted is the standard definition of "fine" as used in the Courts (No. 2) Act 1986 which it is proposed to amend by way of amendment No. 43 to section 17.

Section 2 of the Courts (No. 2) Act 1986 deals with the consequences of not paying a fine by the due date for payment. It applies only to fines imposed in the District Court. Amendments Nos. 41 and 43 give the proper reference in the Courts (No. 2) Act 1986 to the Fines Act 2010 and provide for a new definition of "fine" in subsection (2) of the 1986 Act that excludes the fees and expenses of the receiver. This is necessary because the 1986 definition includes a reference to expenses, which could be confused with the receiver's expenses. The receiver's fees and expenses are dealt with separately in section 15.

Seanad amendment agreed to. Seanad amendment No. 41:

Section 17: In page 17, line 23, to delete "Act of 2010" and substitute "Fines Act 2010".

Seanad amendment agreed to. Seanad amendment No. 42:

Section 17: In page 18, paragraph (a), to delete lines 5 to 11 and substitute the following:

"(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—

(a) any sum or sums paid by the person on whom the fine was imposed in satisfaction of part of the fine, and

(b) any sum or sums recovered (whether from the proceeds of the sale of property belonging to the person or otherwise) by the receiver appointed under section 15 of the Fines Act 2010.",".

Seanad amendment agreed to. Seanad amendment No. 43:

Section 17: In page 18, paragraph (a), between lines 11 and 12, to insert the following:

"(iii) the insertion, after the words "ordered to be paid", in the definition of "fine" in subsection (4), of the following ", but does not include the fees of, or expenses incurred by, a receiver appointed under section 15 of the Fines Act 2010",".

Seanad amendment agreed to. Seanad amendment No. 44:

Section 17: In page 19, to delete lines 20 to 27 and substitute the following:

"(b) any sum or sums recovered (whether from the proceeds of the sale of property belonging to the person or otherwise) by the receiver appointed under section 15 of the Fines Act 2010.

(4) In this subsection 'fine' has the same meaning as it has in section 2 (amended by subparagraph (iii) of section 17(a) of the Fines Act 2010) of this Act.".".

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