Tony McLoughlin (Sligo-North Leitrim, Fine Gael) | Oireachtas source

I am pleased to have the opportunity to speak on this important Bill introduced by the Minister for Justice and Equality. Since being appointed Minister, Deputy Shatter has brought some important Bills before us and has been the most reforming Minister to occupy this portfolio in a generation.

Since the intervention of the troika in our affairs, law reform in many areas such as personal insolvency was required to bring our legal system up to date and deal with the bust following the boom. This Bill is straightforward in many respects and aims to modernise our court fines system to allow the authorities to collect them and enforce them. The Bill is part of the programme for Government and I want to commend the Minister for fulfilling his legislative programme so far.

For those of us who often listen to RTE Radio 1 and the reports by Paddy O'Gorman from outside some of our courts, especially in the main urban areas, it is easy to understand why this legislation is long overdue. It would seem from Mr O'Gorman's reports that there is a large number of people who are fined in the District Court and are then before the judge again for non-payment. The contempt some of them have for the legal system is quiet amazing. They just seem to ignore it. Some prefer custodial sentences and have admitted to the reporter that they do not pay fines deliberately so that they can be committed for a week or a month.

Apart from the tragedy that is the reality that these people have so little in life that they seek admittance to a prison for comfort, it reinforces the view that the system of fines and enforcement requires a review. The main reforms as indicated are worthwhile and allow persons on whom a fine is imposed to be able to opt to pay the fine by instalments over 12 months.

If a person fails to pay a fine, the court may make an attachment order or a recovery order. In a case where it is not possible to make either order, the court may make a community service order. Failure to comply with an attachment order will attract on conviction a fine of up to €2,500, and/or up to 12 months in prison.

The Minister informs us that 8,300 people experienced prison on the basis of non-payment of fines last year. There has been a 25% increase in two years, which is unacceptable. This Bill, when enacted, will reduce this number on the basis of the above proposals and the fact the judge will take into account the ability of the defendants to pay. If a person fails to pay a fine in full, including the offer to pay by instalments, he or she will be required to return to court to explain themselves to the judge, and depending on the person's circumstances, the judge can place an attachment of earnings order, which has the result of deducting the fine from the person's earnings, and is a recovery order. In a case where a self-employed person is involved, a receiver can be appointed to recover assets to the value of the fine or a community service order. It is estimated that it costs in excess of €65,000 per year to accommodate the average low security prisoner. The jailing of small time offenders for non-payment of fines or minor offences is costing the State huge money that we can ill afford. Many groups, including the Irish Penal Reform Trust, have long campaigned against the jailing of people for the non-payment of fines, and argue that the figures show that the system held no fear for people who were clearly choosing a few hours in prison over paying a fine.

I wish to record my disappointment that the collection of fines or the placement of an attachment of earnings cannot be extended to social welfare recipients under this Bill. I understand that reports from the Department of Justice and Equality indicate that administration costs and payment limits meant it was not possible to deduct unpaid court fines from social welfare benefits. I would like the Minister to examine this again. There is a perception that the working person always gets hit and that some social welfare recipients can escape under the radar or the complications of paper work and administration. It was clear that many of those interviewed by Mr. O'Gorman outside the courthouses were on social welfare payments, had no notion of paying their fines and generally were fined for alcohol or substance abuse related incidents. Fines paid in these cases would mean less money for alcohol or drugs.

On the one hand it is clear that as a society we must do what we can to help these individuals who suffer from drug abuse or alcoholism, but is it right that they have no respect for the justice system and continue to abuse others and suffer no consequences to their State payments? Personally I do not agree and I urge the Government to consider this point in any future proposals on this issue.

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