Written answers

Wednesday, 29 October 2008

Department of Justice, Equality and Law Reform

Prison Committals

9:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 290: To ask the Minister for Justice, Equality and Law Reform the number of people who have been imprisoned in each of the past ten years for failure to pay a civil debt; his plans to introduce legislation to end this sanction; and if he will make a statement on the matter. [36872/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Statistics on the number of committals to prison custody as a result of failure to comply with a court order in relation to the non-payment of a debt are set out in the table. The table covers the years from 2001 to 2007 as figures are not available for the years 1998 to 2000.

YearTotal
2001134
2002184
2003221
2004206
2005226
2006194
2007201

I can advise the Deputy that the number of such persons held in custody at any one time is a tiny fraction of the overall prisoner population. To illustrate this point, figures relating to 24 October, 2008 indicate that less than one third of one percent of the numbers in prison custody fell into this category.

Imprisonment for non-payment of debt was abolished by the Debtors (Ireland) Act 1872. However, refusal to pay a contractual debt may amount to civil contempt of court, for which imprisonment may be imposed. This is a civil law matter and the primary remedies available to a complainant, through the Courts, would be enforced performance of the contract or damages. Where a person refuses to obey a court order relating to providing a remedy for contractual default to another person or organisation, imprisonment may be one of a number of remedies ultimately for non-compliance. The imprisonment of such defaulters is very much a last resort. The person will, generally, have been given every opportunity to fulfil the contract or to discharge the debt. There are no proposals in the current Government Legislative Programme to reform the law in regard to civil contempt and how it might be applied to default of contractual obligations or failure to pay a civil debt.

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