Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 194: To ask the Minister for Justice, Equality and Law Reform the number of bench warrants that remain outstanding; his views on the execution of bench warrants; and the action he proposes to take to address deficiencies in the bench warrant system. [20419/09]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda authorities that there are 36,916 bench warrants recorded as un-executed as of 17 May, 2009. It is inevitable in any criminal justice system that at any given time there will be a significant number of warrants awaiting execution. The Garda authorities are committed to strengthening the warrants in the system enforcement process. The Commissioner has raised the issue of the execution of warrants with each Regional Assistant Commissioner and a range of measures, aimed at reducing the number of warrants on hand, have been identified and are being implemented.

It should be borne in mind too that the vast majority of the outstanding bench warrants relate to unpaid fines for modest sums, arising from minor infractions of the law and not convictions arising from violent and other serious crime. An Garda Síochána give priority to the execution of warrants in respect of serious crime.

The Fines Bill 2009, which was published on 20 April, provides for the payment of fines by instalment and an improved means of assessing the capacity of a person to pay a fine. It also gives the courts powers to treat non-payment of a fine in the same way as non-payment of a civil debt and to impose a community service order for non-payment of a fine. As a result, imprisonment for default should in future become the exception rather than the rule. As so many warrants relate to financial penalties, these proposals should result in a smaller number of warrants being issued and so reduce pressure on the system.

The operation of the warrants system will continue to be monitored, particularly with a view to making whatever changes may be necessary to improve its operation.