Fines Bill will allow court to 'name, shame' defaulters

PEOPLE WHO fail to pay traffic fines imposed by the courts could have their cars taken from them instead, under radical provisions of legislation passed in the Dáil yesterday.

The Fines Bill provides alternatives to imprisonment for fine defaulters and will allow the courts service to “name and shame” defaulters on a regular basis.

And new procedures will now mean that “when a court imposes a fine for a criminal offence it will also appoint a receiver to recover the fine or to seize and sell property from the offender to the value of the fine”, Minister for Justice Dermot Ahern said.

During the report stages of the Bill, Mr Ahern said that “a total of 75 per cent of the fines in the District Court are for road traffic offences, so if the person who has offended owns a car then that could be taken in lieu of the fine”.

Previously for traffic offences a defendant could receive a fine of up to €1,000 and seven days’ imprisonment in default “but this will now be a €1,000 fine and a recovery order”.

The recovery order will come into effect if the offender defaults on the fine.

“This means that the only option open to the court where a person does not pay a fine by the due date is to order the recovery of the fine or its value in property by the receiver.

“It is a logical first step on default to recover the fine or its value before considering other options that would result in an additional cost to the State.”

The Minister highlighted to the Dáil that “the costs to the State in Garda time and admission of offenders to prison are substantial when calculated over a year”, at an average of €100,000.

When the Bill was first introduced in the Dáil last May it contained provisions including allowing fines to be paid in instalment and alternatives to imprisonment.

But the Minister said “it would be naive not to assume that a hard core of defaulters will continue to defy the State by refusing to pay their fines”.

He had therefore decided to introduce a “name and shame” scheme “whereby fine defaulters will have their names and addresses published at regular intervals.

“It will be administered by the Courts Service, who can publish the lists in the way most convenient to them and possibly that may be on the internet.”

Mr Ahern said “the traditional policy of imprisonment is no longer viable and neither is it socially desirable.

“It also places a significant financial burden on the State and uses up prison places that should be available for serious criminals.”

He asked: “Who wants a receiver knocking on their door in front of their neighbours and removing property.”

Fine Gael justice spokesman Charlie Flanagan said he welcomed what the Minister had done “in addressing the heart of the Bill”.

“We must strike a balance between those who are unable, for one reason or another, to discharge the fine and those who are unwilling to pay and respond to the court.”