Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

These amendments address a number of issues. In the first instance, the Minister has considered again the orders to be made in default and is proposing a change from what is currently in the Bill. In the Bill as it stands, a court can make any one of an attachment order, a recovery order or a community service order in default. The Minister proposes to change this so that the court will under amendment No. 4 first consider making an attachment order. In the event that the court decides not to make an attachment order, it can then make either a recovery order or a community service order.

The Minister is also proposing in amendment No. 3 that recovery orders will only be made where the fine exceeds €500 in value, unless the fined person is a company. This is to avoid the appointment of receivers to recover small fines. Accordingly, except where companies are concerned, recovery orders may only be made where the court decides that it is appropriate to do so and the fine is greater than €500.

Amendment No. 8 is consequential to amendment No. 3 in relation to the making of recovery orders where the fined person is a body corporate. Under section 2(2) of the Courts (No. 2) Act 1986, where a company defaults on a fine, the fine is to be recovered by the seizure and disposal of the company’s assets. Amendment No. 8 repeals this provision in the 1986 Act so that companies will now be dealt with in accordance with the provisions in section 7, which allow for the appointment of a receiver to recover the fine.