Ivana Bacik (Independent)

I move amendment No. 58:

In page 18, line 16, column 2, to delete "5 days" and substitute "2 days".

These amendments try to do the same thing, namely, to change the link between the financial amount and the period of imprisonment. Although I did not get the opportunity to voice this on Second Stage, I have always felt strongly that five days imprisonment is a very severe penalty compared to a fine of €500, as is 30 days compared to €3,000. This is relative and people's view on how the money payment relates to the period of imprisonment would depend on their financial circumstances. However, where possible we should err on the side of providing for a lesser period of imprisonment to correspond to a particular fine. I do not understand why we have chosen five, ten, 20 or 30 days, when we could have chosen the lesser periods of two, five, ten and 20 days. The Minister is aware that in practice, people are released from prison earlier than the period for which they were originally detained. However, the fact they are detained for a 20-day period for non-payment of a fine will have huge implications for jobs, rent, child care and various issues in their lives. Where possible, we should err on the side of a lower period of imprisonment to correspond to a particular fine. That would be in keeping with the spirit of the Act. Given we will take Report Stage on another day, I ask the Minister to consider the periods I have proposed as an alternative to the fines.

Similarly, I propose that for indictable offences, the maximum period for which a person should be committed to prison should be reduced from 12 months to six months. This would reduce the numbers of persons in prison for fine default and reduce the periods of time they must spend incarcerated. This is in keeping with the spirit of the Bill. The periods of imprisonment will always be somewhat arbitrary, but a period of two, five, ten or 20 days would be more reasonable and more in keeping with a modern view of comparisons between imprisonment and fines.