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

The provisions relating to recovery orders are the same as those in the Fines Act 2010. While the issue of a person's home is not addressed, it is difficult to conceive of a situation where a court would permit the seizure and disposal of a person's home to recover a fine. It would have to act proportionately. Under the legislation, the fine should be set at a level that takes account of the person's financial circumstances. Presumably, if the person has no account or assets other than his or her home, the fine would be set at a low level. I could not imagine a judge permitting the seizure of a house to pay a €300 fine. Even if such an order was made, I am sure it would be challenged quickly in a superior court. Assuming the small fine is not paid, the case would then come back before the court. Assuming the person is not working, the judge will then proceed to consider either making a recovery order or a community service order. If the fine is less than €300 and the person has no money or assets, it cannot be the subject of a recovery order following the acceptance of amendment No. 3. The person will either have to do community service or be sent to prison.

If the fine is more than €500, the court has the choice but it must act judiciously. It is difficult to see how a decision to permit the seizure of a family home to satisfy a small fine would survive a challenge to the validity of the order of the court. In these circumstances, the Minister is satisfied that the legislation will not result in the seizure and disposal of family homes.