Michelle Mulherin (Mayo, Fine Gael) | Oireachtas source

When people consider the practicalities of our legal system and the way in which prisons are used, what irks them most is a person being sent to prison for non-payment of a fine when more serious offenders are not because of the capacity of our prisons to accommodate them. The Minister is to be commended in respect of much of the legislation he has introduced, in particular legislation which addresses issues which for many years needed to be addressed and have been talked about in that way. He has brought about good, positive and practical reform in terms of the manner in which our criminal justice system works.

It is important to recap on the reason it is important that people are pursued in respect of the payment of fines. Currently, 30% of fine payments are uncollected. Fines are imposed on persons convicted of offences, be they minor or more significant. Often, they are imposed in respect of the non-payment of a television licence or a failure to file tax returns and so on. Law abiding citizens who pay their dues are often out of pocket having done so. A person who does not comply with the law while others have done so, often, as I stated, at personal cost to them, is guilty of committing an offence. If the administration of justice is to be meaningful there must be repercussions for people who commit crimes be they misdemeanours or of a more serious nature.

This is practical legislation in that it provides options in relation to the payment of fines. For example, those people not in a position to pay in full upfront can opt to pay their fines by way of instalment over 12 months. Other options include an attachment order on earnings, a recovery order whereby assets can be seized and liquidated to pay the fine and a community service order. It is of greater benefit to communities to have persons convicted and fined and who fail to pay those fines carry out work in their areas rather than take up places in our prisons, which in itself is a bit of a comedy in terms of their often being committed to and released from prison within hours. This does not achieve the objective of people paying their fines and dues to society.

I welcome the Bill and all of the reforms introduced in this area by the Minister, Deputy Shatter, which will hold our justice system in good stead.

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