Bernard Durkan (Kildare North, Fine Gael)
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Question 178: To ask the Minister for Justice and Equality the total number of jail sentences imposed in lieu of non-payment of debt in each of the past five years to date in 2011; the number of persons imprisoned on foot of same; if the liability arose from lending institutions, the Revenue Commissioners or others; the extent of which more than one sentence was imposed or served on foot of the same or subsequent liability; and if he will make a statement on the matter. [12102/11]

Alan Shatter (Dublin South, Fine Gael)
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As the Deputy will be aware debt is a civil matter and does not result in a criminal conviction. The Enforcement of Court Orders (Amendment) Act 2009 introduced a provision that a debtor cannot be subject to a committal order if he or she is simply unable to pay a debt. This legislation also provides that the debtor must be present in court; he or she is entitled to seek legal aid; the court must be satisfied that the debtor has the ability to pay but wilfully refuses to and that there are no goods to seize to satisfy the debt. The court may also request the debtor and creditor to seek resolution by mediation. Therefore, a person can now only be imprisoned in default of a debt as a final resort, where the debtor can afford to pay but wilfully refuses to abide by the court order.

The number of persons imprisoned in each of the past 5 years is set out in a table. It should be noted that imprisonment does not extinguish an outstanding debt.

The Courts Service has advised that details of the creditors who brought the proceedings and the extent to which more than one sentence was imposed for the same debt liability can only be retrieved by way of a manual examination of each individual court record. As I am sure the Deputy will appreciate, this would require the expenditure of a disproportionate amount of staff time and resources and it is therefore not possible to provide the level of detail sought.