Jim O'Keeffe (Cork South West, Fine Gael)
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Question 16: To ask the Minister for Justice, Equality and Law Reform the number of persons committed to prison for non-payment of fines and non payment of debt in 2009; if he will provide comparative figures for the previous three years; and if he will make a statement on the matter. [13020/10]

Dermot Ahern (Louth, Fianna Fail)
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The latest available figures for the number of persons committed to prison for the non-payment of fines in the past four years is contained in the table.

The latest available statistics pertaining to those imprisoned for civil debt related matters are as follows.

In response to a High Court Decision in 2009, I introduced the Enforcement of Court Orders (Amendment) Act, 2009. The Act ensures that a debtor cannot be imprisoned if he is unable to pay the debt. The debtor must be present at proceedings, he or she is entitled to seek legal aid, the court must be satisfied that the failure to pay is wilful refusal and that there are no goods that could be seized to satisfy the debt. The court can request the debtor and creditor to seek resolution by mediation. Imprisonment is to be used as a final resort, only where the debtor can afford to pay the debt but refuses to obey a court order to do so and only where the alternative of seizing goods to meet the debt is not available.

I also wish to advise the Deputy that the number of such persons held in custody at any one time is a minute fraction of the overall prisoner population. Indeed, I am confident that the number of committals for non-payment of fines will fall substantially once the Fines Bill 2009 has been enacted and brought into force in the near future. As the Deputy is aware the Bill recently completed Report and Final Stage in Dáil Éireann on 3 March 2010. It is now awaiting Second Stage in the Seanad.

I want to take this opportunity to clarify the position regarding the number of committals to prison in 2009 for non payment of fines. The correct figure to end October, 2009 of 3,366 committals for non payments of fines was given in a reply to the Deputy on the 19th January, 2010 (PQ1936/10 refers). However, in reply to a question from the Deputy on the 2nd March, 2010 (PQ10326/10) seeking the same detail as sought in this Question a figure of 62 was given for those committed to prison in 2009 for non payment of fines. This was in fact the figure for committals for the non-payment of fines arising from breaches of the Broadcasting and Wireless Telegraphy Act, 1988 only. I want to avail of this opportunity to correct that error and confirm that the total figure as at 31 October, 2009 (the latest available) should have read 3,366. My Department only became aware of the incomplete answer in recent days. I apologise for the incomplete response given earlier this month.