Dermot Ahern (Louth, Fianna Fail)

I would like to say a few words about the Bill. I welcome its passing and the assistance we got from the Opposition in the Seanad and the Dáil. I said in the Seanad that if there was a case for its retention, then I would have to point out that considerable amendments were made, and a good teasing out of the Bill occurred in that House. It made life that little bit easier for us in the Dáil when we brought forward the Bill in its final format. It has changed considerably since it was originally drafted. Many efforts were made before, and a Member pointed out on the Order of Business recently that we have been waiting for this Bill for some time. It is a very dramatic reform of the way in which fines are levied, paid and followed up by the courts and the Garda Síochána.

The core of the Bill is about ensuring that someone will end up in prison for non-payment of criminal fines only as a last resort. This view that there are thousands of people languishing in prisons because they have not paid fines is wrong. Only about 1% of the prison population at any given time is in prison for non-payment of fines, but even that is too much. In my own experience as a solicitor and as a public representative, there are people who are hauled off to prison by the Garda. When the Opposition validly raises the question of the number of bench warrants that are not executed, a reaction happens whereby the Garda follow up on those bench warrants. I am not blaming Deputy Flanagan for the fact that gardaí knock on doors all over the country and haul people off to prison, but when the issue of the number of bench warrants is raised here in the Chamber, people feel that there are criminals running around the country who should be in jail. The vast majority of the thousands of bench warrants that are not executed at any given time are for the non-payment of fines. I can recall that when the issue was raised in the Dáil, the Garda subsequently launched a significant campaign around the country to reduce the number of bench warrants, which ultimately meant that people were hauled into prison for the non-payment of dog licences, television licences and so on. These were outstanding bench warrants and they had to be executed.

Since we passed legislation on civil debt, nobody has gone to jail for non-payment of such debts. When we pass this Bill, very few people will go to prison for non-payment of fines. If they do go to prison, it is because they had the resources and they resolutely refused to pay. We have done a good day's work in this area today, but also in the context of the indexation of these fines. The equality of impact principle is also built into the Bill, whereby the courts have to take into account the means of a person before them before they levy a fine.

I thank the Opposition spokespersons for their input. I thank the staff of the Oireachtas as well as my own staff for the work they have done in this area.

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