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Minister Shatter publishes Fines (Payment and Recovery) Bill 2013

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%).