Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I did not dispute the Deputy's right to express her ideological view on this issue. What I did was engage in a debate on it. I disagree with her and her assessment of the Bill. I will respond to each of the points she has made. First, on the ability of a person to pay, section 5(2) states "Where a person of full age is convicted of an offence, the court shall, in determining the amount of the fine (if any) to impose in respect of the offence, take into account the person's financial circumstances". The Bill, therefore, recognises the fact that in respect of the person before the court - I accept the point the Deputy is making about his or her background and economic circumstances - it will be able to give recognition to these in the assessment it makes.

On the point made by Deputy Mick Wallace, I challenge the logic of what he is saying because if he is accepting that fines play an appropriate role in this regard and if the person does not pay a fine, should the legal system not have the ability to have recourse to the payment of that fine, if that is what it deems to be the appropriate course to take? I emphasise that all of this is in the context of trying to ensure we put in place different legal sanctions, as opposed to a custodial sanction only, which I agree with the Deputy was inappropriate in many cases in the past.

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