Joanna Tuffy (Dublin Mid West, Labour)
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Question 134: To ask the Minister for Justice and Equality the position regarding the need to reduce the number of persons imprisoned for non-payment of fines; and if he will make a statement on the matter. [28055/11]

Alan Shatter (Dublin South, Fine Gael)
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I can inform the Deputy that the number of such persons actually held in custody at any one time is a small fraction of the overall prisoner population. To illustrate this point, 14 prisoners out of a total of 4257 in custody or 0.3% of the prison population on 5th October 2011 fell into this category.

The Fines Act 2010 makes provision for alternatives to imprisonment in the event of default on payment of a fine. Specifically, the legislation provides for the recovery of the fine by an authorised person (receiver) and the use of community service as a sanction, where a receiver has been unable to recover the fine or its value in seized goods. The Courts Service is progressing work on implementation measures to facilitate the commencement of the remaining provisions of the Act as quickly as possible.

Section 14 of the Act has been commenced with effect from 4 January, 2011. This requires the court to take into account the person's financial circumstances before determining the amount of the fine, if any, to be imposed. This means that no person should be sent to prison for default solely because they cannot afford to pay a fine.

I intend to bring forward new legislative proposals to introduce a system of "attachment orders" allowing a small amount of money to be taken from wages or social welfare facilitating the payment of the debt or fine over time.