Legislation designed to reduce the numbers imprisoned for failing to pay fines and civil debt has today been signed into law by President Mary McAleese.
The Fines Bill 2009 enables judges to set the level of fines according to a person's ability to pay, by introducing the concept of "equality of impact". This would enable judges to set a lower fine for those people living on social welfare or earning €200 per week than those in employment earning €50,000 a year.
Almost 5,000 people were imprisoned last year for failing to pay fines, more than twice the number in 2008 and almost four times the figure for 2007.
Under the legislation, judges can facilitate people to pay their fines in instalments over a maximum 24-month period when they find it difficult to pay in full. When a person defaults on a fine, a court-appointed receiver can go to a person’s home and seize goods such as a car to pay for the fine instead of the person being sent to prison.
Judges have the discretion to sentence people to community service rather than prison for non-payment of fines under the Bill.
The considerable jump in the rate has been attributed to inability to pay fines due to the recession and a drive by the Garda to execute all bench warrants issued by judges.
A total of 1,431 people were sent to prison for non-payment of fines in the three months to the end of March 2010.
Minister for Justice Dermot Ahern said the legislation would be enacted as soon as the necessary arrangements have been made by the Courts Service to fully facilitate its operation.
In anticipation of the enactment of the new law, the Probation Service has agreed to increase the maximum number of annual community service orders it handles from 1,600 to 6,000 to help keep people out of jail.
Minister for Justice Dermot Ahern welcomed the new legislation, saying imprisonment in the event of default will now be a last resort.
"The legislation provides for an innovative, balanced and more humane approach to the determination and collection of fines. Capacity to pay and equality of impact are at the heart of this legislation," he said.
Mr Ahern said those who could afford to pay fines but refused to do so would be pursued. “Ultimately, that means imprisonment, where alternative measures to secure payment fail. It is socially desirable that prison remain an option for fine defaulters in the most exceptional circumstances.”
The considerable jump in the rate has been attributed to inability to pay fines due to the recession and a drive by the Garda to execute all bench warrants issued by judges.
A total of 1,431 people sent to prison for non-payment of fines in the three months to the end of March 2010.
