Dermot Ahern (Louth, Fianna Fail)

What the Senator's amendments try to do is to reduce the maximum periods. In most cases, her suggestion is that the periods be reduced by approximately a half. The current scale of imprisonment for default of payment of a fine imposed on summary conviction is covered in section 2 of the Courts (No. 2) Act 1986. Section 17 of this Bill will amend the scale in two ways. First, the maximum period of imprisonment is being reduced from five, 15, 45 and 90 days, respectively, to five, ten 20 and 30 days. Second, the maximum fines for which periods apply are also being increased substantially. For example, the maximum period of imprisonment for default on payment of a fine between €250 and €500 was 45 days, but this will now be reduced to 20 days for a fine between €1,500 and €3,000.

I emphasise that the periods of imprisonment are maximum periods and not mandatory minimum periods. My concern over reducing the periods too much is that imprisonment would possibly become more attractive than the alternative, which would usually be community service. The possibility of two nights imprisonment, which might or might not be served, might seem a better option to some offenders than 50 to 60 hours of community service. Even where the offender spends no night in prison, the administration associated with admittance and release is a strain on prison resources, which is something with which I am trying to deal in the legislation. On balance, I consider the reductions we have made are as far as we can go, particularly when associated with the fact that most persons committed to prison in the future will be offenders who could have paid their fines quite easily through the various procedures set out in the Bill.

With regard to the imprisonment of offenders convicted on indictment, a period of 12 months was introduced as recently as 2006 and seems right. When one considers the level of fine that can be imposed for an indictment, a longer period of imprisonment might seem appropriate. However, in view of the fact that the judge who convicted the offender regarded the fine as the appropriate sentence, a relatively short maximum prison sentence of 12 months was provided. I consider this is quite right. While I see some merit in what the Senator says, we cannot go too far down that route.