Ivana Bacik (Independent)

I move amendment No. 40:

In page 13, lines 34 and 35, to delete subsection (8).

This was raised in the Dáil and I also raised it on Second Stage. The purpose of this amendment is to delete the subsection which imposes a limit and states that it should apply only to fines greater than €100. Overall, we very much welcome this section and the power to pay fines in instalments. It will be very useful in terms of keeping people out of prison and enabling them to manage their budgets. However, it does not seem necessary to state that only fines greater than €100 will come within its terms.

I do not see why it is not possible to pay a fine of €70, €80 or €100 in instalments. For example, with non-payment of refuse charges, local authorities have systems where people can make repayments in instalments of as little as €5 per week. This can be a much easier way for people to pay off relatively small debts of €70 or €80. Where people are in receipt of social welfare payments, earning subsistence wages or in part-time work and where every penny is accounted for in weekly outgoings, it may be problematic to pay a €100 fine in one instalment. It might be appropriate to give courts the power to order instalments for fines of less than €100.

As I said the last day, it applies to any fine greater than €100 so even a fine of €100 cannot be repaid by instalments. That seems out of keeping with the very welcome purpose of the section and its ethos, namely to try to keep people out of prison when they simply cannot afford to pay fines.

I acknowledge the Penal Reform Trust's support for this amendment. It also suggested that the limit of €100 should be removed. There is no reason for it. I simply suggest that this subsection be deleted from the Bill.