Written answers

Tuesday, 24 January 2012

Department of Justice, Equality and Defence

Proposed Legislation

9:00 pm

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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Question 514: To ask the Minister for Justice and Equality the exact change to the Fines Act he is proposing to bring in; and if he will make a statement on the matter. [3627/12]

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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Question 516: To ask the Minister for Justice and Equality if he will examine options which may be open to him to address the issue of non-payment of fines, including deductions at source as a means to reduce the cost to the Exchequer of the non-payment within the judicial system; and if he will make a statement on the matter. [3671/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 514 and 516 together.

The Fines Act 2010 contains a number of provisions designed to improve the collection of fines and reduce the number of people committed to prison for the non-payment of fines. Among these provisions is the requirement that the court take the person's financial circumstances into account when fixing the fine. Other provisions, which require changes to the Courts Service IT systems, will be commenced later this year. These include: the payment of fines by instalments (section 15); the appointment of receivers to recover outstanding fines or assets to the value of same (section 16); and the substitution of community service orders for a fine, where the fine remains unpaid after a receiver has completed his or her work (section 18).

Separately, the Programme for Government contains a commitment to legislate for fines to be collected by attachment of earnings or deduction from social welfare benefits. My Department is consulting with the Department of Social Protection in relation to the social welfare aspects of the proposal and I expect to be in a position to bring forward legislative proposals to give effect to the commitment once those consultations have been concluded.

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