Ivana Bacik (Independent)

While I have not tabled an amendment to the section, I flag for Report Stage that section 13(3) reads as though, even after all the circumstances are taken into consideration and the court decides a level of fine that will not have a detrimental effect on the situation of the defendant and his or her dependants, the court may still impose a fine greater than one that is reasonable in the circumstances. Again, I am grateful to the Irish Penal Reform Trust for raising this issue with me. In other words, section 13(3) implies that a court may impose an unreasonably high fine, notwithstanding the stated purpose of section 13(1). Has the Minister given any thought to this point? For example, has he considered limiting the power in section 13(3) to exceptional cases or requiring the court to provide an explanation of the reason an unreasonable sanction was provided for or decided upon? It appears as though section 13(3) contradicts section 13(1) because it more or less states that, in spite of the section's purpose, the court may impose a fine that is greater than the otherwise appropriate fine.