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Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: Road traffic offences.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: We looked at this very carefully and wanted to be fair to people. Equally, we did not want to overburden the system with this new provision which has been welcomed by everyone. It is not unreasonable to expect somebody fined a sum of up to €100 to pay it in one go given that 70% of all fines are for road traffic offences. While Senator Regan's proposal to restrict this to non-road traffic...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: I do not believe the provision would be operated as described. Judges would not specifically fine someone €101 to allow him or her to pay in instalments when they have the ability to take into account the person's financial circumstances and impose a fine of a lesser amount. The scenario presented by the Senator does not make sense.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: I thank Senator Regan for bringing this matter to our attention. Several amendments were made to section 14, the effect of one which was that the "due date for payment" definition was rendered unnecessary. However, it remained owing to an oversight. Our amendments take care of the problem.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: There is only one necessary definition which is included in section 14. We do not believe it is necessary to copy it in other sections. It is a matter of leaving it where it is.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: I am satisfied that it is only necessary to include it in section 14.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: When a receiver is notified by the Courts Service that a person has not paid a fine by the due date, the recovery order made by the court when the fine was imposed will take effect. This gives the receiver power to recover the fine or seize or sell property belonging to the offender equal to the amount of the fine. It may be that part of the fine was paid, for example, by instalments. One...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: This is a drafting amendment which acknowledges that the Courts Service is singular, rather than plural. Amendment agreed to. Government amendment No. 45: In page 14, subsection (3), line 25, to delete paragraph (e) and substitute the following: "(e) insure the property, and".

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: This is a drafting amendment that adds the word "and" to the end of paragraph (e) of subsection (3) which sets out the rights and responsibilities of a receiver as authorised by the court. Amendment agreed to.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: On Report Stage I introduced a list of amendments setting out how the provisions relating to the receiver would operate in practice and how receivers would be appointed. The purpose of these amendments is to put on a statutory basis measures that are necessary to ensure the fees the receiver can charge and the expenses he or she can claim are open, transparent and reasonable. Taking the...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: The purpose of amendment No. 54 is to ensure the definition of "fine" is properly inserted in the Criminal Justice (Community Service) Act 1983 and that the reference to the Fines Act 2010 is correct. Under the 1983 Act, community service can only be imposed by a court as an alternative to imprisonment. In this legislation I am extending the possibility of community service being imposed to...

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: The Children's Act 2001 deals with the regime of fines for children under the age of 18 and in most circumstances there is reference to community service and other sanctions.

Seanad: Fines Bill 2009: Committee Stage. (28 Apr 2010)

Dermot Ahern: The age of 16 is the minimum age for community service orders in both pieces of legislation.

Seanad: Fines Bill 2009: Committee Stage (Resumed). (28 Apr 2010)

Dermot Ahern: What the Senator's amendments try to do is to reduce the maximum periods. In most cases, her suggestion is that the periods be reduced by approximately a half. The current scale of imprisonment for default of payment of a fine imposed on summary conviction is covered in section 2 of the Courts (No. 2) Act 1986. Section 17 of this Bill will amend the scale in two ways. First, the maximum...

Seanad: Fines Bill 2009: Committee Stage (Resumed). (28 Apr 2010)

Dermot Ahern: This relates to the name and shame section. Amendment No. 65 will ensure that if a person pays the fine after the due date for payment but before his or her name is published, the name and address will not be published. In the case of publication on the Internet, amendment No. 66 will oblige the Courts Service to erase the reference to the default in any particular case after eight weeks or...

Written Answers — International Agreements: International Agreements (29 Apr 2010)

Dermot Ahern: The Schengen Convention is an agreement among European States which provides for the abolition of systematic border controls between participating States and a common Schengen visa which allows tourist access to the area. The agreement also provides for the development of enhanced cooperation in relation to law enforcement matters and judicial cooperation. Ireland has successfully applied to...

Written Answers — Residency Permits: Residency Permits (29 Apr 2010)

Dermot Ahern: I refer the Deputy to my reply to Question no. 222 of 3 April, 2008. The status of the person concerned remains as set out in that reply. The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (GNIB) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. He is due to present again on 30 May, 2010. The effect of the...

Written Answers — Citizenship Applications: Citizenship Applications (29 Apr 2010)

Dermot Ahern: A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in June 2008. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More complicated...

Written Answers — Citizenship Applications: Citizenship Applications (29 Apr 2010)

Dermot Ahern: A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in April 2009. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More complicated...

Written Answers — Citizenship Applications: Citizenship Applications (29 Apr 2010)

Dermot Ahern: A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in March 2006. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More complicated...

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