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Fines Bill 2009: Report and Final Stages. (3 Mar 2010)

Dermot Ahern: I move amendment No. 42: In page 9, line 36, to delete "liable" and substitute "liable, upon conviction on indictment,".

Fines Bill 2009: Report and Final Stages. (3 Mar 2010)

Dermot Ahern: I move amendment No. 47: In page 10, to delete lines 15 to 26. I have a long note so I will read it and then we can have a discussion. The Fines Bill as discussed and as passed on Committee Stage contains a range of proposals aimed at ensuring that the level of fines imposed by the courts on persons convicted of committing offences will be affordable to the offender and, where default on...

Business of Dáil (3 Mar 2010)

Dermot Ahern: Deputy Charles Flanagan was becoming concerned. I must admit that I was similarly concerned when I heard the word "dissolution".

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I thank Deputies for their remarks on the genuine efforts we have made in this group of amendments to try to keep as many people as possible out of prison for non-payment of fines, while ensuring that those on whom fines are imposed ultimately pay what is due. We had to be careful to ensure the provisions did not give rise to a significant number of additional court hearings, a concern...

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: Deputy Charles Flanagan raised the issue of community service orders supervised by the Probation Service. In 2009, there were 1,667 such orders, which is up from 1,413 the previous year. While there has been an increase, it is true to say that community service orders have not been used as expansively as we would like. This legislation will send a strong signal from the Oireachtas to the...

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 48: In page 11, between lines 1 and 2, to insert the following: ""approved person" has the meaning assigned to it by section 19;".

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 55: In page 13, between lines 30 and 31, to insert the following:" (7) A court shall, when imposing a fine on a person, inform the person of his or her entitlement to make an application referred to in subsection (1).". The question of the court being obliged to inform an offender of the right to apply to pay a fine by instalments was raised on Committee Stage by Deputy...

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 58: In page 13, to delete lines 41 to 47 and in page 14, to delete lines 1 and 2 and substitute the following: 15.—(1) A court shall, when imposing a fine on a person consequent upon his or her being convicted of an offence, make an order (in this section referred to as a "recovery order") appointing an approved person (in this section referred to as a "receiver") to—...

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 59: In page 14, to delete lines 3 to 11.

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 60: In page 14, between lines 11 and 12, to insert the following: "(4) A recovery order shall not enter into force unless the person in respect of whom the order is made fails to pay the fine by the due date for payment and, where the person so fails, the order shall have effect from the day immediately following the day on which the Courts Service notify the receiver...

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 61: In page 14, to delete lines 12 and 13 and substitute the following: "(4) A recovery order may authorise the receiver appointed thereunder (alone or accompanied by such and so many members of the Garda Síochána as he or she considers necessary) to—".

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 62: In page 14, lines 30 and 31, to delete all words from and including "order" in line 30 down to and including "(including" in line 31 and substitute the following: "recovery order by which he or she is appointed, including".

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 63: In page 14, line 35, to delete "functions)" and substitute "functions".

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 64: In page 15, to delete lines 6 to 22.

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 65: In page 15, to delete lines 29 to 39.

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 66: In page 15, to delete lines 42 to 44 and substitute the following: "(a) the date specified by the court that imposed the fine as being the date by which the fine is required to be paid, or". Amendment No. 66 is a drafting change, the effect of which is to delete some superfluous wording and to bring the tense in line with paragraph (b) of the definition of due date of...

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 67: In page 16, to delete lines 7 to 48 and in page 17, to delete lines 1 to 22.

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 68: In page 17, line 23, to delete "by".

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 69: In page 17, line 24, to delete "the insertion of the following definitions" and substitute "by the insertion of the following definition".

Fines Bill 2009: Report Stage (Resumed) and Final Stage (3 Mar 2010)

Dermot Ahern: I move amendment No. 70: In page 17, to delete lines 26 and 27 and substitute the following: " " 'Act of 2010' means the Fines Act 2010;",".

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