Jim Walsh (Fianna Fail)

I also welcome the passage of the Bill. The Minister has made significant improvements in the imposition of fines. Their indexation is good and probably long overdue. There have been considerable increases in the consumer price index both during times of significant economic growth and at times when such growth did not occur. As a result of their not being index-linked during such periods, the deterrent effect of fines was eroded to a serious degree.

I welcome the fact that it will now be possible to pay fines by instalments. However, I would like the legislation to have gone further in respect of attachments. In that context, attachments to earnings could assist in overcoming many of the difficulties in this regard. As the Minister indicated, the thrust of the legislation is to avoid sending people to prison which, apart from anything else, is an extremely costly exercise for owing small amounts of money. Comparisons are often made with white collar crime in this regard and it is stated those who are better off are able to escape due process. There are those who will always endeavour to pay their bills, even if it causes them significant personal difficulty and leads to their making sacrifices. However, there are others, including people with good earnings and also certain individuals on social welfare payments, who believe the world owes them a living and who, as a consequence, are not forthcoming when it comes to paying fines. In such circumstances attachments to earnings and social welfare payments should be considered. Such attachments would provide a means by which we might tackle the non-payment of fines. For the first time we are setting down in legislation that people's financial circumstances and means should be considered as a factor in the judicial discretionary process. This will enable judges to deal with those who take advantage of the situation rather than trying to make a genuine attempt to pay the fines imposed upon them.

I agree with Senator Bacik on the use of community service orders. However, I retain a strong, lingering concern about the interpretation of financial circumstances contained in the Bill. This matter should be monitored closely, particularly as there is potential for an injustice to be visited upon individuals. The current economic climate has transformed the financial circumstances of many individuals, some of whom were, by any standards, significantly wealthy. Now, however, they find themselves at the opposite end of the scale. Many of those to whom I refer will find it difficult, either for reasons of confidentiality or pride, to provide in open court a full list of the value of all their properties, income, liabilities and moneys owing to others, etc. The provision of such information will give rise to problems for some, particularly in view of the fact that their cases will be heard in the District Court. Newspapers in their localities will be glad to publish articles containing the information to which I refer and which might emerge in court. As stated, the position in this regard will have to be monitored because of the potential for an injustice to be visited upon someone. I do not know how it might be possible to carry out such monitoring, but it must be done. The provision of confidentiality for those to whom I refer should also be considered.