Dermot Ahern (Louth, Fianna Fail)

The purpose of amendment No. 54 is to ensure the definition of "fine" is properly inserted in the Criminal Justice (Community Service) Act 1983 and that the reference to the Fines Act 2010 is correct. Under the 1983 Act, community service can only be imposed by a court as an alternative to imprisonment. In this legislation I am extending the possibility of community service being imposed to situations where a fine has not been paid by the due date and a receiver has been unable to recover the fine or the value in property. Therefore, by inserting in the 1983 Act provisions where the word "fine" is used, it is necessary to define "fine" for the purposes of that Act. The definition being inserted is the standard definition of "fine" as used in the Courts (No. 2) Act 1986 which it is proposed to amend by way of amendment No. 57 to section 17.

Section 2 of the Courts (No. 2) Act 1986 deals with the consequences of not paying a fine by the due date for payment. It applies only to fines imposed in the District Court. Amendments Nos. 55 and 57 give the proper reference in the Courts (No. 2) Act 1986 to the Fines Act 2010 and provide for a new definition of "fine" in subsection (2) of the 1986 Act that excludes the fees and expenses of the receiver. This is necessary because the 1986 definition includes a reference to expenses, which could be confused with the receiver's expenses. The receiver's fees and expenses are dealt with separately in section 15 of the Bill.