Written answers

Tuesday, 25 October 2016

Department of Justice and Equality

Fines Administration

Photo of Jackie CahillJackie Cahill (Tipperary, Fianna Fail)
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116. To ask the Minister for Justice and Equality if she will take the necessary steps to ensure that all fines imposed by District Courts are collected at source by the office of the Revenue Commissioners and deducted, if required, from individuals' social protection payments or by their employer (details supplied); and if she will make a statement on the matter. [31666/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Fines (Payment and Recovery) Act 2014 was commenced on 11 January 2016 with the new system for the payment and recovery of fines being implemented on that date. Under this Act the law has been radically reformed in relation to the payment and recovery of fines. The Act provides an appropriate response to the problems of the refusal or failure of some people to pay fines and the inappropriateness of imprisonment as the automatic response where this happens. The system that is now in place is logical and proportionate and provides an option for persons to pay fines by instalment along with other changes in the way those who fail to pay fines are dealt with.

The Act provides that:

- Fines will be set at a level that takes into account the person's financial circumstances;

- All fines over €100 can be paid by instalments with the procedure for this provided for by way of regulation;

- If a person defaults, he or she is brought back to court where the judge first considers making an Attachment Order to a fined person's earnings which does not include attachment to social protection payments;

- If it is not appropriate to make an Attachment Order, the judge can make either a Recovery Order, where the fine is more than €500 or a Community Service Order;

- Where either an Attachment Order or a Recovery Order are made and the fine is still not recovered in full, the court can make a Community Service Order; and

- Imprisonment will only apply where it is not appropriate to make an Attachment Order, a Recovery Order or a Community Service Order or where a Community Service Order is made and the fined person fails to comply with it.

The Fines (Payment and Recovery) Act 2014 (Section 6) Regulations 2016 provides that fines made be paid either through An Post or through the Courts Service. The Revenue Commissioners have no role in relation to this matter.

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