Seanad debates

Wednesday, 28 April 2010

Fines Bill 2009: Committee Stage.

 

10:30 am

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

I will have another look at it but the idea behind this section was to put into practice the principle of equality of impact. We were endeavouring in circumstances where people could afford to pay to provide that the normal fine, as determined by the judge, would be struck but in circumstances where there would be a financial difficulty that a lesser sum than what would be regarded as the appropriate amount and could be struck. We are seeking to deal with this issue of equality of impact.

We will have another look at it between now and Report Stage but I cannot guarantee that we will come up with something better. The Senators might come up with their own formulation and we will have another look at it. I would be loathe to agree to something like saying this can only be done in exceptional circumstances because a court should be given discretion rather than tying its hands to exceptional circumstances.

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