Delay in laws to address court fine jailings
Key provisions of the Fines Act 2010, passed in June 2010 to address the rise in such committals, were not enacted because the courts’ computer system could not process them.
The Courts Service told the Department of Justice at the time that the implementation of key proposals — namely the payment of court fines by installment — would only be possible if changes were made to the computer system by which such cases are processed. They pointed out that this would require funding but no provisions were made.
Between 2007 and 2010, the number of fine defaulters rose from 1,335 to 6,683. Up to 5,400 defaulters have been jailed so far this year, according to figures provided to the Dáil.
Prison Service data shows that while fine defaulters accounted for 39% of all committals in 2010, such cases accounted for less than 1% of those in custody on any given day, meaning that while they spend little time in prison, a huge sum is spent administering their admission, stay and release.
Prison Service figures show it costs, on average, just under €200 a day to keep someone in prison.
Justice Minister Alan Shatter told the Dáil it was “unfathomable” that the previous government had failed to provide money for the changes that would facilitate payment of fines by installment, making it easier to avoid default. He told Sinn Féin’s Jonathan O’Brien that, assuming he gets funds in the budget, it would take 12 months to make the change, at a cost of €400,000.
Mr O’Brien told the Irish Examiner: “The consequences of this delay are quite stark. People [who are] now before the courts receiving fines and, for whatever reason, are unable or unwilling to pay, are going to prison as a result.”
A spokeswoman for the Irish Penal Reform Trust said: “The minister has stated the estimated cost of upgrading the courts’ ICT system is €400,000. This seems minor when considered against the costs of sending nearly 7,000 fine defaulters to prison in 2010. At around €200 per day, not including Garda and courts time, this practice costs the state millions every year. It makes no sense at all to delay this upgrade.”
Eoin Carroll, advocacy officer with the Jesuit Centre for Faith and Justice, said there needed to be a review of the use of fines.
“I heard of one young person who was fined €150 for being drunk and disorderly. He does not have the means to pay the fine.
“While the option to pay by instalments may incentivise him to pay the fine, more than likely he will take the risk of being sent to prison with a hope he will be released immediately.”
