Alan Shatter (Dublin South, Fine Gael)

I propose to take Questions Nos. 13 and 29 together.

All of the Fines Act 2010 has been implemented except for two sections.

Section 15 will, when introduced, provide an option for the payment of fines in excess of €100 by instalment. It will allow a person on whom such a fine has been imposed to make an application to the court to discharge the payment in this way. If the court is satisfied that a single sum payment by the due date would cause financial hardship, it can direct that the fine be paid over a period of 12 months or, in exceptional circumstances, over a two-year period.

Section 16 when commenced, will require a judge, consequent on determining that a fine is to be imposed, to make an order appointing "an approved person" to recover the fine in the event of it not being paid.

For these provisions to operate effectively it will be essential to accurately track which instalment payments have been made or which are in default. This requires significant enhancement to the courts' ICT systems as well as the appointment of approved persons as receivers. I intend to commence the provisions when this work can be completed. The Courts Service has completed a scoping project to identify the detail and cost of the necessary work and I expect to discuss the timescale for implementation with the chief executive in the near future.

It should be stressed that section 14 of the 2010 Act, which was commenced from 4 January last, places an obligation, for the first time, on the court to take account of the defendant's financial circumstances before a fine is imposed - this is something of which the courts were not required to take account in the past. With the commencement of this provision, no person can be sent to prison for default solely for the reason that he or she cannot afford to pay a fine.

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