Dáil debates

Thursday, 26 September 2013

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

 

11:30 am

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent) | Oireachtas source

I thank the Technical Group for allowing me some of its speaking time and, in particular, Deputy Finian McGrath for allowing me to speak before him.

I welcome the introduction of this Bill. It is about time changes were made to the mechanism for the collection of fines. The current system is ridiculous and nonsensical. We have all witnessed the situation of people the length and breadth of the country, having been committed to prison, taken there at great expense to the Garda Síochána, processed and released an hour later, which was farcical. It is crazy and beyond belief that this was allowed to continue until now. I welcome the provisions of this Bill which will put a stop to that nonsensical process.

On the recovery of fines, I agree with previous speakers that ability to pay must be taken into account. The credit union network recently published a survey on disposable income, which found that the majority of families, in particular young families, do not have sufficient income to engage in discretionary spending. A fine of €50 or €100, which some people may find small, could place undue hardship on a young family struggling in the current economic circumstances. For this reason, fines should be graded according to the offender's ability to pay, which would mean that the same crime would not always attract the same fine. The level of a fine should depend on individual circumstances and ability to pay and people should have an opportunity to outline their personal circumstances to the court, without recourse to a solicitor. This would allow judges to ensure defendants are able to pay the fine they impose. Provision for staged payments is also a most welcome development.

I tabled a parliamentary question this week on debt recovery, an issue that has concerned me for some time. There have been horrific cases involving people who would I describe as guns for hire being sent out by leasing companies and lending institutions to recover debts and engaging in ruthless and thuggish behaviour. As I have stated previously, it is not a shame for a person to be in debt to a lending institution. People who owe money are entitled to be shown respect. A person may have borrowed money in the belief that the debt was manageable. When things go wrong such people should not be looked down on or treated as second class citizens but shown respect and treated with dignity at all times. I feel very strongly about this matter.

Some of those engaged in debt recovery have assaulted debtors and used the cover of darkness to enter farmers' yards and premises to retrieve machinery and goods. Such despicable and thuggish behaviour should not be tolerated in a modern society. There is no place for it and it should be outlawed. I thank the Technical Group again for sharing time.

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