Pat Gallagher (Donegal South West, Fianna Fail)

I have no difficulty with the principle behind the amendments, which are similar to the amendments tabled in the in Dáil prior to Easter. Of course, a number of years down the road whether the fine is €3,000 or €1.3 million on indictment, it may need to be increased. That is a problem that has always existed. This matter will be resolved and responsibility for the indexation of fines is not a matter for the Department of the Environment and Local Government but for the Department of Justice, Equality and Law Reform. That Department has indicated that it is at an advanced stage of drafting a new fines Bill which will include the issue of indexation of fines. I understand the Department is aiming to have the Bill published by the end of the year. The Department's advice, which is supported by the parliamentary counsel, is that we should await the enactment of the proposed fines Bill which will deal with the issue of indexation across all Acts of the Oireachtas. The Bill before House includes the current €3,000 fine, which is the maximum for a summary fine under the District Court fines, and €1.3 million for conviction on indictment. While these are substantial fines, by 2020 they may not be that substantial but indexation will take care of that.

Senators will note that section 25 updates the fines of the Fire Services Act 1981. We are in a position to do that and we wanted to avail of the opportunity of using this Bill as a vehicle to do so. We are anxious to bring them into line with current court fines and we have done so in section 25. Indexation of the fines in this Bill would not be appropriate having regard to the forthcoming fines Bill, which is expected to be published by the end of the year and enacted next year. That will, once and for all, take care of fines and ensure indexation of fines across the spectrum of Acts of the Oireachtas. While I do not disagree with the principle as stated by Senators Bannon and Kitt, I hope my explanation and the publication and enactment of a fines Bill will take care of their concerns.