Seán Sherlock (Cork East, Labour)
Link to this: Individually | In context

Question 346: To ask the Minister for Justice and Law Reform when he will initiate the commencement order on the Fines Act; and if he will make a statement on the matter. [38455/10]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The Fines Act 2010 will be commenced on a phased basis and I expect that the capacity to pay provisions in section 14 will be among the first features of the legislation to be commenced from early January, 2011. Section 14 places an obligation on the court to take account of the defendant's financial circumstances before a fine is imposed.

While I would like to be in a position to commence all parts of this important legislation from an early date, it is not possible to fully commence the Act until the necessary arrangements have been put in place by the Courts Service to fully facilitate its operation. I have requested the Courts Service to prioritise the work necessary in order to progress the request for tender and contract negotiations for the appointment of a receiver. The tender procedure is subject to EU tender rules, including timelines. Appointment of a receiver will facilitate commencement of section 19 of the Act, which makes imprisonment a last resort on default of payment of a fine. It is only when the receiver has failed to recover the fine (or its value in seized goods) and a community service order has not been complied with, or is not suitable in the circumstances of a particular case, that imprisonment will arise. Significant enhancements to the Courts Service ICT system are necessary to facilitate payment of fines by instalment, which is provided for in section 15. These provisions and the remaining sections of the Act will be commenced as soon as possible.