Dermot Ahern (Louth, Fianna Fail)

This provides for payment of fines by way of instalments. Subsection (1) permits an offender to make an application to the court that imposed the fine to use that method of payment. Subsection (7) obliges the court to inform the offender of his or her right to make such an application. It is the intention that the application can be made at a time after the court hearing at which the fine was imposed. For example, a person might not, for a number of valid reasons, have applied to pay by instalments when the fine was imposed but subsequently he or she might incur, say, a major expense that would make the paying of the fine and lump sum difficult. The Bill places no time limit on the making of such an application although common sense would suggest an application after the due date of payment would not be entertained. However, in order that there is no uncertainty, amendment No. 39 states that any application to pay by instalments has to be made before the receiver is notified of the default. This is likely to be several weeks after the default as some breathing space is given to persons to pay following a series of reminders.

Amendment No. 37 is consequential to providing that an application can be made any time up to the notification of the receiver of the default. This is because a person can make a further application for the extension up to one year after the original application. It is necessary that the two applications are not confused. The first application is to pay by instalments and the second is for an extension to the original period of payment directed by the court.