Pat Rabbitte (Dublin South West, Labour)
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Question 6: To ask the Minister for Justice, Equality and Law Reform his views on the fact that as of the end of November 2007 there were more than 111,000 outstanding warrants, including 36,000 bench warrants, and whether this indicates a serious problem with the enforcement of court warrants; the steps he will take to deal with this situation and to ensure those in respect of whom warrants are in existence will be called to account; and if he will make a statement on the matter. [34518/07]

Conor Lenihan (Dublin South West, Fianna Fail)
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The figures were provided by the Minister for Justice, Equality and Law Reform in response to a parliamentary question. They refer to all warrants recorded on the PULSE system since the commencement of a new release of the system in November 2003, when all remaining outstanding warrants were transferred to the PULSE system.

It is inevitable in any criminal justice system that at any given time there are a significant number of warrants awaiting execution. The majority of the outstanding warrants relate to financial penalties, not to violent crime. The Garda Síochána continues to give priority to the enforcement of warrants arising in serious cases.

It is the case too that many individuals are subject to multiple warrants. Aside from the large volume of warrants being issued, there can also be unavoidable reasons that warrants take time to execute or prove ultimately unenforceable.

It is difficult to be precise as to what level of outstanding warrants at any time represents the optimal situation. The number of warrants outstanding has to be seen in the context of the constantly increasing strength of the Garda Síochána, now in the region of 14,000. Nevertheless, the Minister has sought from the Garda Commissioner a detailed report on the implementation of warrants in so far as the Garda Síochána is concerned.

In the interim, he has been advised that the Garda Commissioner has recognised that steps need to be taken to reduce the number of outstanding warrants as much as possible. Each regional assistant commissioner has been directed to give priority to this issue and to review procedures in their areas for the execution of warrants.

The Minister is also taking several steps to deal with this issue. A particular difficulty is that cases relating to the non-payment of fines clog up the courts system since the Garda have to seek warrants to enforce their payment. A pilot project has been introduced by the Department under which outstanding fines have in effect been pursued in terms of debt collection by an outside agency, rather than moving directly to the stage where the Garda seeks a warrant. This pilot project is proving successful and seems to offer good grounds for introducing it on a wider footing. The Department, in consultation with the Garda and the Courts Service, will take it forward.

Additional information not given on the floor of the House

There is also a Fines Bill before the House. Among other things, it provides for the payment of fines by instalment and an improved means of assessing the capacity of a person to pay a fine. These proposals, if implemented, will result in a smaller number of warrants being issued and so reduce pressure on the warrant system. The Minister is also looking at other legislative measures which might help in the whole area of collection of fines so as to improve the efficiency of the system, particularly by reducing the amount of Garda time dedicated to the warrants process.

The Law Reform Commission is at present finalising its next programme of law reform, which will begin in 2008. The programme will include an examination of the enforcement of court orders and the service of proceedings in both civil and criminal cases, in particular the procedure for the execution of bench warrants and search warrants. This topic is being included because it is recognised that there are significant issues in this area at present. The programme will be submitted to the Government very soon for approval. Based on previous experience with the Law Reform Commission, which invariably produces reports and recommendations of the highest standard, it should prove of immense value in this area.

The Minister and the Garda Commissioner are aware of the importance of administering an efficient warrants process and will continue to monitor the operation of the system, particularly with a view to making whatever changes may be necessary to improve its operation.

Pat Rabbitte (Dublin South West, Labour)
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I have difficulty in following the reasoning of the Minister of State.

Alan Shatter (Dublin South, Fine Gael)
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We all have that problem.

Pat Rabbitte (Dublin South West, Labour)
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He claims it is inevitable that in any criminal justice system there will be a significant number of warrants outstanding. I could accept that for two to five weeks but not for 111,000 outstanding warrants. How long have these been outstanding? How many are outstanding for three months, more than six months and more than a year? How many relate to bail?

It is fantastic for the Minister of State to claim with a straight face that because Garda numbers have risen to 14,000 it makes sense there would be more warrants outstanding. I would have thought the opposite argument could be made, that because we have 14,000 Garda, more warrants are being executed.

Conor Lenihan (Dublin South West, Fianna Fail)
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The Deputy is a very clever sophist. I reassure him and the public that the Garda prioritises warrants for serious crime. It is not the case that serious criminal issues are losing out or are not being pursued because of this backlog. Many of these cases involve sums of money of less than €100. In most of the cases where the financial penalty——

Pat Rabbitte (Dublin South West, Labour)
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Can the Minister of State confirm that is the case?

Conor Lenihan (Dublin South West, Fianna Fail)
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The average amount being sought by the Garda in many of these warrants is €100 or less. Arising from an earlier parliamentary question, the Minister requested the Garda Commissioner to furnish him with a detailed report on the nature and profile of these warrants. I will ask the Minister to reply directly to the Deputy when that report becomes available.

Joe Carey (Clare, Fine Gael)
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Is this problem related to Garda or office work? Surely it should set a deadline to expedite these warrants. People are flabbergasted by the figures. The Minister of State needs to do something about the issue rather than hide behind the reply he has delivered.

Conor Lenihan (Dublin South West, Fianna Fail)
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I am not hiding behind a reply, I am giving one. The Minister has asked the Garda Commissioner who, in turn, has asked his regional assistant commissioners to give priority to this issue and report on it to the Government.

Joe Carey (Clare, Fine Gael)
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Has he set a target date?

Conor Lenihan (Dublin South West, Fianna Fail)
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Let us wait and see what the priorities are when the Minister receives the report. The Deputy may not have been listening when I said a pilot project was under way, whereby outside debt collection agencies were collecting the money involved in these warrants.

Joe Carey (Clare, Fine Gael)
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It is making no impact.

Conor Lenihan (Dublin South West, Fianna Fail)
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As the Deputy is new to the House, he may not be aware that the Fines Bill is before the House and that it provides, among other matters, for the payment of fines by instalment and an improved means of assessing the capacity of a person to pay a fine.

Brendan Howlin (Wexford, Labour)
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The Minister of State should be aware that I am trying to allow several other supplementary questions.

Conor Lenihan (Dublin South West, Fianna Fail)
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All these measures, the Fines Bill, the pilot project involving outside debt collection agencies and the Garda report, will help in shifting this problem.

Brendan Howlin (Wexford, Labour)
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The Minister of State should have regard to the Chair.

Alan Shatter (Dublin South, Fine Gael)
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It is unusual to see a Minister of State being disorderly while this side of the House is orderly. I am rapidly reaching the conclusion that the Government is employing more pilots than Ryanair.

Conor Lenihan (Dublin South West, Fianna Fail)
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Very witty.

Alan Shatter (Dublin South, Fine Gael)
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The Minister of State's assurances are somewhat less than comforting. The failure to implement these warrants indicates that the Government does not have its finger on the pulse and has lost its way in implementing court judgments. A radical change is required to prevent the waste of Garda time in serving such warrants. Apart from the pilot project the Minister of State mentioned, have any alternative courses of action to address the problem been considered?

Pat Rabbitte (Dublin South West, Labour)
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The Minister of State looked into the camera and gravely assured the public that there were no persons being sought for serious offences in respect of whom warrants had not been executed. How does he know that? He does not have the profile for the outstanding warrants. While it may be the appropriate thing to say, is there any scientific basis for it? Is he serious that a significant number of the outstanding warrants relate to fines of €100 or less?

Conor Lenihan (Dublin South West, Fianna Fail)
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That is my information.

Pat Rabbitte (Dublin South West, Labour)
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One would not be guilty of too serious an offence to incur a fine of €100 nowadays. I accept that the Minister of State does not have the information on the profile, although I would have expected that PULSE could generate it. How many of the unexecuted warrants relate to bail, a major issue on which we deserve a reply? In what circumstances does PULSE record outstanding warrants as being executed or cancelled?

Brendan Howlin (Wexford, Labour)
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The Deputy's time is concluded.

Pat Rabbitte (Dublin South West, Labour)
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The Minister of State needs clarification.

Conor Lenihan (Dublin South West, Fianna Fail)
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Yes, I want to hear this.

Brendan Howlin (Wexford, Labour)
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It is very interesting but we have run well over time on this question.

Conor Lenihan (Dublin South West, Fianna Fail)
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I do not wish to evade Deputy Rabbitte's technical questions about PULSE, on which I am not an acknowledged expert. The Garda assures the Department that it continues to give priority to the enforcement of warrants in serious cases. That is why I said the sum sought by many outstanding warrants was approximately €100. I am not suggesting there are no serious cases among them because a warrant being served on a recidivist which he evades could involve a serious case. I do not wish my remarks to be misinterpreted by anyone in the House or to minimise the importance of clearing this backlog but the Deputy will have to wait until we receive a full report from the Garda which it would be valuable to furnish to the House.