Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 1:

In page 4, lines 4 and 5, to delete "a fine not exceeding €400" and substitute "a class E fine".

These amendments arise from the new classification system introduced by Part 2 of the Fines Act 2010 in the case of fines for summary offences. Henceforth, fines will no longer be expressed in monetary amounts in the case of summary offences but will instead be referred to by class. The Fines Act established five classes, from A to E. Each class has a ceiling, for example, class E relates to fines not exceeding €500, class D covers fines not exceeding €1,000, and so on. The classification system relates to fines not exceeding €500,000, the maximum amount that may be imposed on summary conviction.

The Fines Act provides that all legislation enacted after the commencement of Part 2 must use the classifications in that Part wherever fines are provided for in respect of any summary offences. Part 2 was commenced with effect on 4 January and the requirement to use classifications rather than the maximum monetary amounts therefore applies to this Bill. The purpose of these amendments is to replace the amounts currently indicated with references to the corresponding classes.

Amendment No. 1 relates to the maximum fine proposed in section 2 in cases where there is a conviction for begging. It does not alter the part of the penalty which stipulates that the person may additionally, or as an alternative, be sentenced to up to one month's imprisonment. The maximum fine originally proposed was €400, which is a class E fine. Similarly, amendments Nos. 2, 3 and 6, amend sections 3, 4 and 6, respectively. The offence under section 3 arises where there is a failure to comply with a direction to cease begging and to move from the area. A maximum fine of €300 had been proposed, which is a class E fine under the new classification. In section 4 a maximum fine of €200 was proposed in regard to the offence of failing to give a name and address or giving false information, which is also a class E fine. In section 6, which concerns the offence of living off the proceeds of begging, a maximum fine of €5,000 is replaced by a reference to a class A fine.

As a result of these amendments, we are, for the first time in Irish legislation, setting fines by reference to class rather than monetary amount.

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