Dáil debates

Thursday, 26 September 2013

Fines (Payment and Recovery) Bill 2013: Second Stage (Resumed)

 

11:10 am

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael) | Oireachtas source

I thank the Minister and welcome this Bill, which was published on 19 July. The Bill has six parts and comprises 23 sections, running to 26 pages. Speaking as a private citizen and a politician, it is embarrassing that people resign themselves to doing jail terms rather than pay fines. While that is their right, it places significant pressure on the system, clogging it up. This is not a good use of Garda and prison officer resources. There must be a better way than going to jail for the non-payment of fines. Through this Bill, the Minister is ensuring such a better, easier way.

Everyone who is fined will be able to opt to pay it through instalments over 12 months. Sometimes, people go to jail because of fines of €50 to €100. Instalments would provide an alternative to people who are hard pressed financially. This would be welcome.

Where a person fails to pay a fine, the court will make an attachment or recovery order. Where neither is possible, the court may make a community service order. What happened to community service? I have never called for putting people on display in the stocks as once seen in UK villages, for example, but community service was a deterrent. Approximately 20 or 25 years ago, people who misbehaved or who got into trouble with the law were required to paint signs or tidy up local estates. It was a win-win for both sides. Twenty years ago, long before I was in politics, a young man who has since grown up and got married told me that community service was effective. He used to be seen in his community as someone who had misbehaved or erred on the wrong side of the law. Did we become a nanny state? Did we interfere with some element of the law? Community service used to be effective.

It is important that the Bill provides for the sharing of data between the Revenue Commissioners, the Department of Social Protection and the Courts Service. For too long, Revenue worked in its own domain, as did the Department and the Courts Service. The past two and a half years have seen significant co-operation between those departments. The Bill tackles the problem of the number of people multi-claiming social welfare payments fraudulently. This is welcome.

I have had cause to visit my local prison in Castlerea numerous times. It is a state-of-the-art, drug-free prison. The hour one leaves prison is the hour one decides never to end up there. Hopefully, I never will. The prison is doing great work. There is considerable co-operation between the prisoners and the Prison Service in devising innovative ways of dealing with a difficult situation. I pay tribute to the Minister, the Courts Service and the prisoners, who erred on the wrong side of the law.

When someone decides to go to jail instead of paying a fine, it can be embarrassing. I do not mean politically. It is not the right approach. The Bill provides for an alternative for people. The 8,300 people who were jailed by judges last year for the non-payment of fines is 8,300 too many. The Minister has been innovative. All sides should welcome the Bill as I have done.

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