Noel Harrington (Cork South West, Fine Gael) | Oireachtas source

I am pleased to have the opportunity to speak on this Bill. The main provision of this Bill is to allow the courts - not the Government, the Dáil or any Department - to attach a fine handed down to the convicted person's pay cheque. Typically, that should be a wage. It will also provide more accountability to the fines process. We have listened for years about how we continue to incarcerate people for non-payment of fines. It is not appropriate. It is intolerable and in many cases it creates a liability to the State far in excess of the fine imposed. It may even surpass the financial impact of the initial offence for which the person is convicted in the first place. It simply should not be allowed to continue, and I believe that liberty should be taken from someone only as a last resort when the person is clearly a danger to the public or the crime is so grave that a strong fine is insufficient.

This Bill proposes to amend the fines system and complete a process that started with the Fines Act 2010. The imposition of a fine makes sense as appropriate for a variety of crimes committed. It still represents a punishment to the perpetrator and allows the State to recoup funds as a direct compensation as a result of the original crime. The imposition of a custodial sentence inevitably results in the State becoming exposed to inordinate costs and the prisons inevitably become overcrowded. This is just not appropriate. However, there was a difficulty with this system, which was the non-payment of fines. The previous speaker outlined how some people regard non-payment of fines as almost an investment. They will take the prison sentence, knowing full well that the revolving door system will have them out within a matter of hours. That simply just cannot continue.

This Bill and the Fines Act 2010 are significant legislation that change the way the courts deal with fines. These changes include the indexation of fines, the introduction of a five tier system, improved means of assessment, payment of fines by instalments and alternatives to prison where people default. The improved indexation and the introduction of the five classes of fines - from €5,000 to €500 - give the Judiciary discretion and this is appropriate. Indexing those fines is also a welcome development. It is possibly overemphasised in the media how somebody might be convicted and fined, but then the fine was based on outdated legislation and the fine bears no relation to the crime committed. It is welcome to link the fines to the consumer price index and make them real for the day the fine is imposed.

The assessment of a person's ability to pay a fine is extremely important in the case of imposing a financial liability on a person. It is appropriate to punish people and hit them in the pocket, if that is where it needs to be done, but it is not appropriate to impoverish people. It is not appropriate to impoverish their families or to hurt innocent people unduly, and I urge the courts to take that assessment into account.

However, it is appropriate that the person who committed the crime pay. If he or she must pay over an extended period, so be it.

This brings me to my next point on the instalment system. It is a welcome development.

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