Ivana Bacik (Independent)

I move amendment No. 32:

In page 10, between lines 36 and 37, to insert the following subsection:

"(3) In particular, the Minister may by regulation provide for a centralised system of data collection and retention on sentences handed down in the District and Circuit Courts.".

This amendment relates to a matter I raised on Second Stage. As the Minister indicated, this legislation is ground-breaking in nature and we welcome it. We hope and anticipate it will reduce the number of persons imprisoned for failure to pay fines. The Irish Penal Reform Trust has again reminded us of the enormous number of people imprisoned, some 3,366 - an increase of over 50% on the total for 2008 - in the first ten months of 2009. The trust also highlighted the solid evidence that community service programmes are far more successful than custodial sentences when it comes to dealing with fine defaulters. In that context, it referred to an article by Ian O'Donnell and others from 2008 which states that 85% of fine defaulters currently return to prison within four years. An alternative must, therefore, be considered and I am delighted this is being done in the Bill.

As stated on Second Stage, however, the difficulty with assessing the impact of this legislation will arise in the context of the absence of any centralised source of data on sentencing in Ireland. I also pointed out on Second Stage that the Central Criminal Court provides information on the sentences it hands down but as the Minister is well aware, that court only deals with the most serious offences of murder and rape. The bulk of cases in respect of which the legislation will have an impact will be heard in the District Court and, to a much lesser extent, in the Circuit Court. We will need to know whether the legislation works. We will also require information on the type of sentences courts will be handing down and statistics relating to the number fine defaulters who will be given community service.

A centralised system of data collection and retention for sentences handed down in the District Court and the Circuit Court is long overdue. The Minister will probably state that this Bill is probably not the ideal vehicle in which to provide for the establishment of such a system. I accept that but I decided to table the amendment in respect of this section which deals with the Minister's power to make regulations. An essential part of assessing the impact of this Bill will be trying to identify a source in respect of sentencing data.

The Minister referred to the practical impact of the legislation and indicated that it will be operated in the courts as soon as it comes into force. When I was starting out in practice in London, the magistrates' courts were just beginning to operate a new system of fines. These fines were imposed on a sliding scale and were based on an offender's ability to pay. I am sure the Minister's officials investigated this matter and he will be aware that the system to which I refer was discontinued as a result of difficulties with its workability. I recall that its operation was extremely complex.

To ensure the system set out in the Bill works, there will be a need for us to arrive at a better way to assess its impact and obtain information relating to the type of sentences that will be handed down in the District Court and the Circuit Court. A huge volume of cases is dealt with in the District Court and it is difficult to ascertain patterns in respect of sentencing, the imposition of fines and the level of fine default. I am concerned we will pass the legislation but that we will never know for sure - other than by means of the usual anecdotal reports, which are not satisfactory - how it will work in practice. If he is not willing to accept the amendment, would the Minister contemplate providing for such a centralised system in some other legislation or in some other way?