The Minister for Justice, Equality and Defence, Alan Shatter TD has today
published the Fines (Payment and Recovery) Bill 2013. The Bill represents a
major reform of the fine payment and recovery system in Ireland and
provides for the payment of fines by instalment and attachment of earnings.
Announcing the publication of the Bill, Minister Shatter said “This
Government is committed to keeping the numbers of people committed to
prison for the non-payment of fines to the absolute minimum. We are also
determined to ensure court decisions are respected and complied with.
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. These
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.
“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. I am pleased that the Government has approved the
publication of this important legislation and I look forward to its early
enactment.”
Once the Fines (Payment and Recovery) Bill 2013 is in force, 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.
Minister Shatter hopes that it will be possible to have the Bill enacted
before the end of the year and that its provisions can become operational
in 2014.
The Bill is available on www.oireachtas.ie.
19 July 2013
ENDS
Note for Editors:
The Fines (Payment and Recovery) Bill 2012 will repeal Part 3 of the Fines
Act 2010 to provide for a new payment and recovery system. The key
features of the Bill are:
· 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 chooses to pay a fine by instalments, an
administration fee of up to 10% of the fine may be imposed. The
exact percentage to be applied as an administration fee will be set
by the Minister by regulation. The administration fee will not apply
where the fine is paid in full in a single payment.
· The Courts Service has been working on developing its IT
infrastructure in preparation for the proposed changes arising from
the Fines (Payment and Recovery) Bill 2013. Now that the Bill has
been published the Service will be in a position to further progress
the detailed technical development work required in parallel with the
progression of the Bill through the legislative process.
· Where a person fails to pay a fine, the court may make an attachment
order or a recovery order. Where it is not possible to make either
order, the court may make a community service order.
· Where an attachment order or a recovery order are made but the fine
or part thereof remains outstanding, the court may make a community
service order.
· The Bill creates a new offence of failure to comply with an
“attachment 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 provides for the sharing of data between the Revenue
Commissioners, the Department of Social Protection and the Courts
Service.
· While over 8,300 people were committed to prison for the non-payment
of fines in 2012, the actual number of people in prison at any one
time is a tiny proportion of the prison population. For example, on
16 May last there were 16 people in prison for the non-payment of
fines out of a total prison population of 4,245 (0.4%).