Less than one-third of fines issued for public-drinking offences in Dublin city are paid, the latest figures from Dublin City Council show.
The council issued 500 fines of €31.70 for illegal public drinking for the first two-thirds of the year. Only 32 per cent have been paid, however, netting just €5,107 for the council. This represents a decrease on last year's rate of payment. Figures for 2003 show that 44 per cent of fines were paid, generating just under €13,000.
Some 918 fines for illegal drinking were issued last year but, despite the low rates of payment, only 40 people were prosecuted for non-payment. The maximum courts penalty for failure to pay the council fine is €1,269.
A council spokeswoman admitted it was experiencing difficulties prosecuting offenders. "A large number of these people are repeat offenders or would have insufficient means to pay, for example homeless people."
The costs of taking a court case had to be taken into account, she said, and if someone was not going to be able to pay the fine, there was little point in incurring the expense.
A number of last year's cases had not yet shown up in the statistics because they had been adjourned when witnesses or the garda who handed out the fines had not been present in court, she said. However, the council intended to crack down on offenders because of the increasing problems caused by illegal public drinking.
"We aim to prosecute as many people as possible and we will be very strict on this and step up enforcement. This legislation is there to prevent unacceptable behaviour."
Everyone issued with a fine was sent a reminder before the legal process was initiated, she added. "That people aren't complying implies a low level of respect for this legislation."
Local authorities have the power to issue fines for illegal public drinking under the Local Government Act. Each city or county council then had to make a by-law on the basis to prosecute fines.
In Dublin city, the by-law came into effect on October 6th, 2000, and by the end of that year 250 fines had been issued, following Garda notification. However, that rate is now in decline.
"These figures simply don't correspond with the level of public order offences that are occurring every night across the city," Cllr Paschal Donohoe (Fine Gael) said. "In 2003, 918 fines were issued, and income received was €12,750 - this strikes me as an incredibly low figure."
The low payment rates showed a need for a better enforcement of the law, he said, and the system should also be reformed with the introduction of a gradually escalating system of fines. "The first fine should remain at €31.70. However, if the same person repeats the same offence it should be doubled and then tripled for a third time."
