Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 4: To ask the Minister for Justice, Equality and Law Reform the number of bench warrants that remain outstanding; his views on the execution of bench warrants; and the action he proposes to take to address deficiencies in the bench warrant system. [47436/08]

Dermot Ahern (Louth, Fianna Fail)
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Given the enormous transaction level in the District Court, it is inevitable that at any given time a significant number of bench warrants will be awaiting execution. It should be borne in mind that the vast majority of the outstanding bench warrants relate to unpaid fines for minor infractions of the law rather than convictions arising from violent crime. In addition, the Garda Síochána gives priority to the execution of warrants against those it believes to be involved in serious crime.

I have discussed this matter with the Garda Commissioner and he has assured me that the Garda authorities are committed to strengthening the warrant enforcement process. He has discussed the execution of warrants with each regional assistant commissioner and a range of measures aimed at reducing the number of warrants on hand have been identified and are being implemented. These measures include the assignment of additional gardaí to this function and the appointment of inspectors with responsibility for execution of outstanding warrants. The position is being closely monitored by senior Garda management and consideration will also be given at an organisational level to further measures as necessary to address the situation.

I am informed by the Garda authorities that as a result of special measures taken in the Dublin metropolitan region, there has been an increase of 17% in the number of warrants executed between January and August this year compared to the same period last year. I am further informed that 36,972 bench warrants are recorded and remain to be enforced.

I intend to seek Government approval for a fines Bill which will provide for the payment of fines by instalment and an improved means of assessing the capacity of a person to pay a fine. As many warrants relate to financial penalties, these proposals should result in a smaller number of warrants being issued and thereby reduce pressure on the system. I am also considering other legislative measures in this area. The warrant system will continue to be monitored, particularly with a view to making whatever changes may be necessary to improve its operation.

Charles Flanagan (Laois-Offaly, Fine Gael)
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This a most serious problem and it is getting worse. The Minister did not refer to the August initiative, which I understand was specifically designed to deal with the backlog of warrants. He stated that 36,970 bench warrants are currently outstanding. Given that the figure for May was 33,000, the August initiative was a complete failure.

Does he accept that a number of serious criminals continue to engage in their activities even while bench warrants have been issued for them? Where is the system failing and why is the matter not being addressed adequately?

Dermot Ahern (Louth, Fianna Fail)
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During the August blitz carried out by the Garda in the Dublin metropolitan region, 808 bench warrants, 549 penal warrants and 55 distress warrants were executed. To a certain extent we are the victims of our own success in that the Garda has been more successful in bringing prosecutions and the courts more efficient in dealing with their business. As the Deputy will know from his practice, many warrants are not executable for various reasons. People who are subject to bench warrants often try to evade their issuance. Clearly that entails much Garda time.

As such a high proportion of the approximately 36,000 bench warrants relate to financial penalties, we will introduce the new fines Bill in the early new year and a pilot project is already in place which has proved very successful in getting an outside agency to deal with the collection of fines. All of those aspects will dramatically reduce the level of bench warrants.

Charles Flanagan (Laois-Offaly, Fine Gael)
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We cannot wait for the Minister's new fines legislation, which may not be enacted by this time next year. How can the Minister stand over the unedifying spectacle in Limerick, where a well-known leading gang member has turned himself into the Garda station for his own protection although a bench warrant has not been executed. How can the Minister stand over the case of another famous and tragic murder, that of Donna Cleary, where the person responsible had two bench warrants? Surely it is possible to distinguish between the criminal on the one hand and the civil on the other. Can the Minister not do so?

Dermot Ahern (Louth, Fianna Fail)
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It is not a matter for me personally to execute these warrants. If we were to listen to the Deputy and the Fine Gael promises, there would be fewer gardaí on the street with fewer resources.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Deal with the warrants.

Dermot Ahern (Louth, Fianna Fail)
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As I stated in my original reply, the Garda prioritises bench warrants relating to the arrest of people for serious and general crime. As a result of resource constrictions, they do not tend to concentrate on financial warrants, or distress warrants, as can be seen from the August figures. Some 55 in that case were distress warrants relating to the collection of goods and chattels. The vast majority of the bench warrants concentrated on deal with serious crime.