Dermot Ahern (Louth, Fianna Fail)

I do not believe it would be in exceptional circumstances because the section is endeavouring to deal with people who do not have the capacity to pay fines. The legislation is placing an onus on the court to take into account their financial circumstances. However, if, from the court's point of view, the financial circumstances of the person are not an issue, the court should be free to make a determination to impose a fine as it sees fit within the ambit of the legislation. I am not altogether certain that I am getting the Senator's point. Perhaps I will revert to this matter again on Report Stage. In the meantime my Department will examine the submission from the Irish Penal Reform Trust.