Seanad debates

Wednesday, 28 April 2010

Fines Bill 2009: Committee Stage.

 

10:30 am

Photo of Ivana BacikIvana Bacik (Independent)

I move amendment No. 2:

In page 4, between lines 19 and 20, to insert the following:

" "maximum fine", in respect of a specified amount or within a specified range, includes a fixed fine of that amount or within that range.".

As the expression "maximum fine" is used in other places, for example, in section 8, an ambiguity arises as to whether this means a particular maximum or whether it also includes fixed fines, in respect of which there is no discretion. This is a drafting amendment which seeks to remove that doubt.

Amendment No. 8 is also a drafting amendment that seeks to deal with statutory provisions that impose a specific fine rather than a maximum fine. Older statutes provide for a classified or fixed fine rather than "a fine not exceeding an amount", which is the language used in the existing section 4(2). The amendment would cater for fixed as well as maximum fines.

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