Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 327: 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. [28662/09]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda authorities that there are 37,345 bench warrants recorded as unexecuted as of 3 July, 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. These measures include the re-assignment of additional Gardaí to this function and the appointment of Inspectors with responsibility for execution of outstanding warrants. The position is being closely monitored by senior Garda management and consideration will be given, at an organisational level, to introducing further measures to address the issue if necessary.

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 is awaiting Committee Stage in this House, provides for the payment of fines by instalments 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 Enforcement of Court Orders (Amendment) Bill 2009, currently before the Oireachtas, provides that certain safeguards will apply to the provisions under which a court may hear an application or grant an imprisonment order against a debtor who has failed to comply with an instalment order. This will also tend to result in a smaller number of warrants being issued.

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.