Dermot Ahern (Louth, Fianna Fail)

I am unsure of the point being raised by the Senator. Section 13(3) states:

A court may, in making a determination under subsection (2), impose a fine that is greater than, less than or equal to the otherwise appropriate fine having regard to the purpose of this section but in any case a court shall not impose a fine that is ... greater than the maximum fine ... or ... less than the minimum fine ... to which a person would be liable upon conviction of the offence concerned.

It relates to the capacity of the person to pay. Obviously, if someone can well afford to pay a fine, that is something the court can take into account.