Seanad debates

Tuesday, 11 May 2010

Fines Bill 2009: Report and Final Stages

 

4:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

Perhaps the Minister will clarify this. The point raised by Senator Bacik may relate to people of very limited means. My literal interpretation of the amendment is that the situation is covered in that the fine can be less than the otherwise appropriate fine. I assume, therefore, the judge would have some discretion in that area.

In general, the principle is probably right. However, I mentioned, perhaps on Second Stage, that it is important this should not become the predominant issue in determining the fine. There are scales of offending which must be factored into the situation. Speeding would be a case in point where a person, depending on the speed he or she is doing can be in greater contravention of the law than a person who is only marginally over the speed limit. I would not like to think that just because the person who was marginally over the limit had good financial resources he or she would in some way be penalised unjustly in that regard. The nature and scale of the offence must form part of the judicial discretion in determining the appropriate fine.

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