John Kelly (Labour) | Oireachtas source

I would like to know the reason the Fines Act 2010 has not been implemented. It is good legislation which provides for the payment of fines by instalment, the appointment of a receiver in respect of default of payment of fines, the imposition of a community service order in respect of a person who fails to pay a fine, and publication of a list of defaulters, and which gives recognition to the fact that some people may not have the capacity to pay a fine.

The Fines (Amendment) Bill 2012 has been published. It, too, is good legislation which provides for the imposition of an attachment on the wages of a person who refuses to pay a fine, for data sharing between the Revenue Commissioners and Department of Social Protection, and for deductions from social welfare payments, on a weekly basis for 12 months, in respect of a person in receipt of such payment who refuses to pay a fine.

It is important this legislation is implemented for the following reason. Last week, I was told by litter warden that a fine had been issued to a man who had a trailer load of domestic refuse at the front of his house which he had been directed to take to a landfill and to obtain a receipt showing it had been dumped legally. Three weeks later he told them he had no intention of doing so and had been told by a solicitor the consequence in this regard would be only two days imprisonment. He also said that last year he had failed to pay ¤1,500 in motoring offence fines, in respect of which he was sent to Castlerea Prison for five hours. He boasted to the engineer from the council that the biggest inconvenience in this regard was his having to hitch a lift home from the prison.

The failure to implement and enact legislation under which we can ensure fines are paid is resulting in a loss of revenue and additional costs in terms of court appearances and keeping a person in prison. If this legislation were enacted and implemented, people would know they would ultimately have to pay fines, with fewer fines issuing as a result.