Seymour Crawford (Cavan-Monaghan, Fine Gael)
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Question 44: To ask the Minister for Justice and Law Reform the number of persons in prison at the present time as a result of non-payment of fines and or failure to pay debts; if he accepts that this is not the most cost effective or beneficial way of dealing with such an issue and that it would be better dealt with by agreed payments through income or social welfare; and if he will make a statement on the matter. [35355/10]

Dermot Ahern (Louth, Fianna Fail)
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I can advise the Deputy that the number of such persons actually held in custody at any one time is a minute fraction of the overall prisoner population. To illustrate this point, 14 prisoners out of a total of 4366 or 0.3 % of the prison population on 05 October 2010 fell into this category. On the same date there was 1 person in custody for failing to pay a civil debt.

As the Deputy will be aware, the Fines Act 2010 was signed into law at the end of May this year. It provides for an innovative, balanced and more humane approach to the determination and collection of fines. Capacity to pay, equality of impact and payment by instalment are key features of the legislation. The Act addresses the issue of capacity to pay by requiring the court to examine the financial circumstances of the person before determining the amount of the fine. The person on whom the fine has been imposed will be entitled to make an application to the court to pay by instalments.

The Act also provides for alternatives to imprisonment in the event of non-payment of a fine. In such circumstances, a recovery order can be activated and a receiver will be entitled to recover the fine or to seize and sell property from the person and recover the fine from the proceeds. A community service order is also an option. Imprisonment in the event of default will be a last resort.