LEGISLATION REFORMS HOW FINES ARE PAID, SENTENCES MINIMISED - KENNY

Posted on September 26, 2013 10:47 AM   |   Permanent Link   

Speaking on the Fines (Payment and Recovery) Bill 2013

This Bill, which I am pleased to see, represents a major reform of the system that governs fine payment and recovery in Ireland and provides for the payment of fines by instalment and attachment of earnings.

I know that the Government is committed to ensuring that court decisions are respected and complied with. I also know that the Government is committed to keeping the numbers of people committed to prison for the non-payment of fines to the absolute minimum and I totally support this approach. I believe that prison is for people who represent a danger to society, such as those who commit violent acts, or who pose a great harm to society, such as those who commit white collar criminal offences, such as fraud or theft. I do not believe that people who have failed to pay a fine, such as a fine in respect of a dog licence or a TV licence fall into either of those categories, especially during, and let us be honest about this, a time of great financial hardship for many.

When I was previously a member of this house between 1992 and 1997 there was a practice where Deputies could petition the Minister for Justice on behalf of a constituent who had incurred a fine and who was in financial hardship. I recall getting several such requests. Thankfully that practice has ended.

Allowing everyone to pay a fine by instalment and introducing attachment of earnings are important new reforms to the fine collection system which will lead to improved collection rates for fines.

Last year, some 8,300 people were sent to prison for the non-payment of fines. Those people comprised the vast majority of those sentenced to short sentences by our courts and committed to our prisons in 2012. The new measures provided for in the Fines Bill 2013, combined with the requirement that judges must take a person's financial circumstances into account when setting a fine, should result in a reduction in the number of people committed to prison.

This Bill would make it easier for people to pay a fine and where they fail to do so, there will be sufficient alternatives available to the courts to all but eliminate the need to commit anyone to prison for the non-payment of fines. Every person on whom a fine is imposed will be able to opt to pay the fine by instalments over 12 months.

Where a person fails to pay a fine in full, including by instalments, he or she will be required to return to court and, depending on their circumstances, the court will make either an attachment of earnings order (directing the person's employer to deduct the fine from the person's earnings), a recovery order (appointing a receiver to recover assets to the value of the fine) or a community service order.

The introduction of attachment of earnings for unpaid fines is a commitment in the Programme for Government and is likely to be applied in most cases where a fine defaulter is in employment or in receipt of an occupational pension.
The Bill also contains a number of administrative changes that will improve the courts' capacity to ensure that fines are paid. I understand that work is ongoing on developing the Courts Service IT infrastructure to enable the legislation to be workable and I hope to see the legislation working by early next year.