Seanad debates

Wednesday, 28 April 2010

Fines Bill 2009: Committee Stage.

 

10:30 am

Photo of Ivana BacikIvana Bacik (Independent)

With respect, that is not an appropriate response. To state it would impose an undue burden on the Courts Service rather than refer to any principled reason for this limit does not seem to be an adequate answer. We may see courts' discretion being fettered because a judge will know a fine of less than €100 cannot be paid in instalments. We might reach a very unsatisfactory outcome where courts impose higher fines to give people the capacity to pay in instalments which runs contrary to the principle, the Title and stated purpose of the Bill.

I do not see an administrative burden as sufficient reason. There will be ways to automate fine collection and to ensure it is done in a more streamlined fashion in order that it does not impose such a burden on the Courts Service. I do not believe the answer is simply to impose an arbitrary limit of €100 for fines to which the instalment power can apply.

I intend to press this amendment because it relates very much to the purpose, stated ethos and Title of the Bill in seeking to modernise the fine collection system as much as anything else and to ensure fewer people are sent to prison for non-payment of fines if they cannot afford to pay. I ask the Minister to consider it again.

Comments

No comments

Log in or join to post a public comment.