Eamon Gilmore (Dún Laoghaire, Labour)
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Question 104: To ask the Minister for Justice, Equality and Law Reform if arising from his interview (details supplied) he will state when he will introduce legislation to end prison terms for non-payment of fines; and if he will make a statement on the matter. [7588/09]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 105: To ask the Minister for Justice, Equality and Law Reform his views on the concept of developing alternatives other than imprisonment for the non-payment of fines and civil debt bearing in mind that upwards of 2,000 people are imprisoned annually for such non-payment; the details of such proposals; and if he will make a statement on the matter. [7444/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 104 and 105 together.

My predecessor published a Fines Bill in 2007. The primary purpose of the Bill was to provide for the indexation of fines. It also introduced the concept of equality of impact and the payment of fines by instalments. Those provisions are currently being redrafted in a new Bill I am preparing, and I am also examining the possibility for inclusion in the Bill of giving the courts power to impose alternative penalties to that of imprisonment in cases of default on payment of a fine.

I can advise the Deputy that the number of persons imprisoned for the non-payment of a fine by the due date for payment comprises a tiny fraction of the overall prison population. Nonetheless, I believe that my proposals will make a significant contribution towards reducing that number while at the same time preserving the integrity of the fines system. I intend to seek Government approval for the publication of the Bill in the near future.

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.