Judges still free to choose who gets poor box funds

Judges are free to cherry-pick which charities receive millions of euro every year as the Government drags its feet on abolishing the court poor box.

The Government has failed to make any progress on abolishing the court poor box despite a recommendation to do so more than a decade ago, the Labour party have claimed.

Judges currently have complete discretion on their use of the poor box, which has been in place since before the foundation of the State and is designed to allow offenders contribute to charity in lieu of conviction.

Poor box takings vary hugely from district to district and the individual judges decide where the money goes. In 2016, for example, Kerry’s poor box paid out nearly €400,000, while Mayo paid out just under €10,000.

Justice Minister Charlie Flanagan has confirmed that the much-criticised system will continue, as the legislation to replace it has yet to be drawn up.

“The bill is currently being drafted by the Office of the Parliamentary Counsel,” he said.

“It is intended that the legislation will abolish the court poor box and replace it with a statutory Reparation Fund to provide for a fair, equitable and transparent system of reparation that will apply only to minor offences dealt with by the district court.”

The new reparation fund will be used to provide extra services for victims of crime and compensation payments payable by the Criminal Injuries Compensation Tribunal.

Mr Flanagan added that legislation will clearly provide that the reparation fund may not be used for any purpose other than the provision of compensation, reparation and assistance for victims of crime.

Labour TD Sean Sherlock said he does not understand why the legislation, which was finally promised by the Government 2014 following a law reform commission report in 2005, has not progressed, and said judges would welcome clear direction on the issue.

“The practice as it is is anachronistic,” said Mr Sherlock. “We were promised legislation and there is neither sight nor light of it.”