The Government has approved the final drafting of the Fines (Amendment) Bill 2012, following the consideration of a statutory scheme by Cabinet.
The Bill represents a major reform of the fine payment and recovery system in Ireland. Once the Bill is enacted, 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 brought back before the court where 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 the fines they impose are paid.
Welcoming the Government Decision, the Minister for Justice, Equality and Defence said “I am pleased that the Government has agreed to have this Bill drafted. The extension of payment by instalments to all fine payers and the introduction of attachment of earnings are important reforms of the fine collection system that I am sure will lead to improved collection rates for fines.” The Minister went on to say that he was strongly of the view “that we need to keep the numbers of people committed to prison for the non-payment of fines to the absolute minimum. We have already legislated to require judges to take a person’s financial circumstances into account when setting a fine. When this Bill is enacted, it will be 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.”
22 October 2012
ENDS
Note for Editors
The Fines (Amendment) Bill 2012 will amend the Fines Act 2010. The key
features of the General Scheme of the Bill, as approved by Government are:
· Every person on whom a fine is imposed will be able to opt to pay the
fine by instalments over 12 months.
· An administration charge of up to 10% of the value of the fine may be
applied where a person opts to pay a fine by instalments.
· Where a person fails to pay a fine, the court may make an attachment
of earnings order, a recovery order or a community service order.
· If the attachment of earnings order or the recovery order fails to
result in the collection of the fine, the court may make a community
service order.
· The Bill will create a new offence of failure to comply with an
“attachment of earnings order” which will attract on conviction, a
fine of up to €2,500 and/or up to 12 months in prison.
· A sheriff appointed under the Court Officers Act 1945 may be
appointed as receiver by the court.
· The Bill will provide for the contracting out of certain functions
relating to the collection of fines to other Agencies and for the
sharing of data between the Revenue Commissioners, the Department of
Social Protection and the Courts.
· Following the enactment of the Bill, the fine collection system will
work as follows:
o In the first instance, a person may pay the fine in full or pay
by instalments over 12 months.
o If they fail to do either, they will be summonsed to court
where the court will impose either: an attachment of earnings
order; a recovery order; or a community service order.
o Where an attachment of earnings order fails to secure the
collection of the fine, or where the person is not in
employment, the court may make a Community Service Order (if
the person consents and is deemed suitable by the Probation
Service).
o In the event that a Community Service Order is not made, or where its terms are subsequently breached, the court may commit the person to prison.
In 2011, fines totalling €17.3 million were collected, representing 67% of court fines due. While a total of 7,514 people were committed to prison for defaulting on fines, the number of such persons held in custody at any one time is a tiny fraction of the overall prisoner population.
A copy of the General Scheme of the Fines (Amendment) Bill 2012 and the Regulatory Impact Analysis are available on the Department of Justice and Equality website.