Ulick Burke (Galway East, Fine Gael)
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Question 21: To ask the Minister for Justice, Equality and Law Reform the number of bench warrants that are outstanding; and if he will make a statement on the matter. [19404/10]

Bernard Durkan (Kildare North, Fine Gael)
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Question 146: To ask the Minister for Justice, Equality and Law Reform the number of warrants for arrest on foot of criminal charges outstanding at present; the average length of time for execution of such warrants; and if he will make a statement on the matter. [19758/10]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 21 and 146 together.

I am informed by the Garda authorities that there are 37,394 bench warrants recorded as unexecuted as of 10 May, 2010. Information requested by the Deputy on the average length of time taken to execute a warrant is not readily available and could only be obtained by the expenditure of a disproportionate amount of staff time and resources. However, in 2008 the majority of bench warrants received by An Garda Síochána were executed within three months.

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 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 gives priority to the execution of warrants in respect of serious crime.

The Fines Bill 2009 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 make a community service order in default of non-payment of a fine. As a result, imprisonment for default should in future become the exception rather than the rule. Moreover, since so many warrants relate to financial penalties, these proposals should result in less warrants being issued. Furthermore, the Enforcement of Court Orders (Amendment) Act, 2009, ensures that a debtor cannot be imprisoned if he or she is unable to pay the debt and will 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.