Pat Gallagher (Donegal South West, Fianna Fail)

While I am not accepting the amendment, I believe it has a great deal of merit. I have suggested in this House on numerous occasions that we could deal with matters of this nature by introducing a fines Bill. I understand it is proposed to introduce such a Bill at some time in the future. Such legislation would deal with problems involving the fines provided for in many Acts. The level of fines should be linked to the consumer price index or some other index. Section 5(4) of this Bill states that "the fixed charge" to be applied under the Bill in respect of certain drink driving offences is €300. It is an enabling provision that allows the Minister to prescribe some other amount in lieu of the amount of €300. If a fines Bill has not been enacted in three or four years' time, the Minister of the day will be able to increase this fine to a realistic level. The provisions of section 5(4) of this Bill are standard features of various areas of the Road Traffic Acts, which give the Minister discretion in the timing and determination of the level of the fixed charges which apply.

While I agree with the principle of index-linking with the rate of inflation, as set by the European Central Bank and automatically updated on 1 January each year, I do not believe it would be appropriate to depart from the standard practice I have mentioned by accepting this amendment. When the Minister of the day decides that a fine of €300 is not adequate, he or she will have the power to increase it. If a fines Bill is introduced by the Department of Justice, Equality and Law Reform in the meantime, it will deal adequately with this matter by providing that it will be necessary to have a statutory regulation if fines are to be increased. If it is clear that the Minister of the day is not satisfied that the penalty fits the crime or that the rate of inflation is such that it causes a fine to be increased sufficiently on 1 January each year, changes should be made on an ad hoc basis or by means of the fines Bill that I hope will eventually be introduced.