Dáil debates

Thursday, 26 September 2013

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

 

1:20 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael) | Oireachtas source

I thank Deputy Durkan for kindly sharing some of his time with me. I welcome this Bill. It is a very sensible and practical proposal. If it is enacted, I hope it will lead to a much more fluent and productive system. It is like something from a Dickens novel when we hear about people being put into prison because they cannot pay fines. That is something that this Bill will tackle, but this is distinct from people who will not pay. The Bill will apply a far more cost effective remedy to that problem for the State, which is something that must be welcomed.

There is a lot of common sense in the Bill. There is a provision for flexibility in the system, which is badly needed. I did not get to read John Waters's piece on his incarceration, to which Deputy Flanagan referred, but I saw Mario Rosenstock's "Wheatfield Redemption" some time ago.

In a way, it summed up much of what is happening in the system. I am aware of an individual who was brought from Kerry to a prison in the midlands via taxi, which needed to be paid for by the State, and accompanied by two gardaí, whose wages and expenses also needed to be paid. The person went in the prison door and literally turned around again to return home. It was like a day trip. This type of process is nonsensical, particularly at a time of adjusting budgets and saving money in every Department. If such instances can be avoided, this legislation will be welcome.

Someone who does not pay a fine might be released from prison after only one or two hours, but he or she will still be left with the label of having been in prison. For a young person in particular, it can be the beginning of a slippery slope. Avoiding a scenario of officially imprisoning people, even if the term is only for one or two hours, would be helpful.

I will be interested in listening to further discussions on this legislation. I listened carefully to Deputy Durkan, whose concerns must be addressed. The uncommenced sections of the 2010 Act were somewhat impractical and inflexible. This Bill contains more common sense.

Constituents have brought an issue to my attention. Where a person gets fined and clearly does not have the means to pay, raising the money can sometimes lead to the commission of further crimes. I have been given anecdotal evidence of such. We must be conscious of this issue. That the fine will be designed to meet the individual's capacity for payment is a positive step.

If implemented correctly and in full, the Bill will be a positive move that will lead to increased revenue for the State, fewer hardships for those who incur fines and offer fewer ways of avoiding fines for those who simply will not pay as distinct from those who cannot pay. Overall, this is welcome. I commend the Minister on his initiative in introducing this legislation.

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