John Kelly (Labour)
Link to this: Individually | In context | 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.

Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

I am taking this matter on behalf of the Minister for Justice and Equality, Deputy Shatter, who is unable to be here owing to other commitments. I thank Senator Kelly for raising this important issue.

The Minister welcomes the opportunity to clarify the current position on the Fines Act 2010. The Act covers a number of issues. Part 2 of the Act provides for the indexation of fines and those provisions were commenced on 4 January 2011. Part 3, which is the focus of the Senator's question, provides for a reformed system for the payment and recovery of fines. Section 14 of the Act provides that a judge must take the financial circumstances of the person into account when he or she is fixing a fine. This important section, which is intended to ensure that in so far as possible the fine imposed is proportionate to a person's financial means, was also commenced in January 2011. The remaining sections of the Act have not yet been commenced. As the Senator knows, the programme for Government includes a commitment to provide for the recovery of fines by attachment of earnings. In the course of the preparation of the legislative scheme to provide for attachment of earnings, it became clear to the Minister that the architecture of the fines payment and recovery system, provided for in the 2010 Act, would need to be substantially amended if attachment was to operate efficiently and effectively. To that end, he examined all the aspects of the payment and recovery provisions of the 2010 Act and prepared the scheme of a fines (amendment) Bill which was approved for drafting by the Government last October. The first reform contained in the scheme relates to payment of fines by instalments. Under the 2010 Act, people had to apply to, and convince the court, that their financial situation was such that they should be allowed to pay a fine by instalments. The new Bill will instead provide an automatic right to pay a fine by instalments to everyone on whom a fine is imposed.

The next reform concerns the recovery of assets to pay a fine. Under the 2010 Act, a recovery order appointing a receiver to collect the fine, including by the sale of the assets of the defaulter, was to be imposed in all cases where a person failed to pay a fine. Rather than having receivers appointed in all cases, including those where the person has no assets to recover, the Minister decided that recovery will become one of a number of options available to the court where a person fails to pay a fine in full by the due date. The other options being attachment of earnings, which I mentioned earlier, and community service, which is already provided for in the 2010 Act. The Minister is confident the introduction of attachment of earnings, together with receivership, community service and the reforms mentioned earlier, will all but eliminate the need to send anyone to prison for the non-payment of fines.

The Minister is anxious to have the fines (amendment) Bill published and enacted as soon as possible and I can assure the Senator that, in the meantime, the Courts Service is proceeding to put in place the necessary ICT systems to support the new regime. I thank Senator Kelly for raising this important issue and hope that he can agree that the new Bill, when enacted, will achieve our shared objective of ensuring the fines imposed by the courts are collected to the greatest extent possible and that where, for whatever reason, a person fails to pay a fine, viable alternatives to imprisonment are available to the justice system.

John Kelly (Labour)
Link to this: Individually | In context | Oireachtas source

I appreciate the response that was written for the Minister of State, who is delivering it on behalf of the Minister for Justice and Equality. With that answer, the Minister of State said everything I said in my presentation. When will it be implemented? It is not being implemented. The Minister for Justice and Equality needs to be told it does not wash if the response is that the necessary ICT systems must be put in place three years after the Bill being passed with not one part of it being enacted. This could be done manually, never mind with an ICT system. Fines could be collected on an annual basis without having a computer. It was done for years before computerisation. It is important this is done as soon as possible and I would like if the Minister of State could pass on the message to the senior Minister.

Kathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

We might misunderstand each other. The Minister has drafted a new Bill, the fines (amendment) Bill and would like to have it published and enacted as soon as possible. The weight of legislation that needs to be drawn up for other issues is enormous. With regard to the Fines Act 2010, three elements have been enacted. The section dealing with attachments and how we can deal with people who, as in the case cited by the Senator, are defiant and would prefer two weeks or a month in prison needs to be tightened up. The Minister has drafted new legislation and we are all on the one page.