Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

8. To ask the Tánaiste and Minister for Justice and Equality the amount of unpaid court-imposed fines in 2023; the percentage and monetary value of these that were imposed for traffic offences; and if she will make a statement on the matter. [26497/24]

Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

Will the Minister comment on figures for unpaid court-imposed fines and the efforts to collect those fines? I understand from different people that there are people who wish they would go away or make efforts to delay them and do not pay them in the possibility that they would be written off. I wish to get an understanding from the Minister on the numbers and the efforts to collect those funds.

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

I thank the Deputy for raising this issue around the amount of unpaid court-imposed fines in 2023. It is important to note that the principal penalty applied under the Road Traffic Act is a Garda fixed charge notice, FCN, combined with the imposition of penalty points. These measures provide an effective and appropriate enforcement response aimed at encouraging responsible driver behaviour without the need for court intervention or court-imposed fines in most instances. Since 2019, more than 550,000 fixed charge notices have been issued for non-intercept speeding offences, with a very a high level of public compliance. Approximately 80% of FCNs were paid on time without recourse to the courts. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions including the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that a total of 43,118 fines with a value of €15.2 million are currently due. I understand that 28,474 of these relate to road traffic offences, with a total value of just over €8 million. I am advised that this is the overall figure for fines due. It is not possible to provide the number of these that are unpaid. The Deputy may be aware that the Fines (Payment and Recovery) Act 2014 was introduced to provide for alternative orders to imprisonment in the event that a court-imposed fine is not paid. The Act was designed to help address the high level of short-term prison sentences for the non-payment of court-imposed fines. In 2015, prior to commencement of the Act, there were 9,883 committals to prison for non-payment of fines. By 2022, this had fallen to only 205, a reduction of 98%. I am satisfied that in terms of reducing committal rates, the 2014 Act has achieved that objective. That said, the fine collection system provided for in the 2014 Act has proven cumbersome to operate and a review has been undertaken by a high level group chaired by the Department. Its recommendations are now being considered by the Department with a view to bringing forward proposals to streamline the system.

Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

I thank the Minister of State. This issue has been raised with me by a number of people, including representatives of disability groups and mothers with buggies who find, for example, a car parked, blocking the path or blocking a disabled parking space. This is pretty much sticking the finger up to the public. People will take whatever space they want. Even if a ticket is issued, the feeling is that the same person will stick it up to the judicial system afterwards and refuse to pay. I am shocked that there is more than €8 million sitting there that has not been collected in those fines. It is a big deal for a fine to get as far as court-imposed because, as the Minister of State said, there is a great deal of compliance. Most people, when they get a ticket, they pay it. What efforts are being made to ensure those funds are collected and the penalty is imposed? Are there attachments to people's earnings? Is there community service or some clear effort to collect those funds?

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

The outstanding amount was the amount at the time the figure was obtained. In that, there are people who were fined recently, with an expectation that they will pay. Fines are generally imposed in the District Court for minor offences. However, a small number of fines are also imposed in the higher courts. Once imposed, the Courts Service starts a process of communicating with the person to recover the fine. This process has a number of stages, which are followed to give the person every opportunity to pay that fine. The Courts Service issues a number of communications to the person concerned to try to recover the sum owed and avoid the matter progressing. Such communications include the initial fines notice, a reminder, and, where necessary, an instalment reminder and a warning notice. The Deputy may be aware that the Fines (Payment and Recovery) Act 2014 came into force on 11 January 2016. It provides for alternative orders to imprisonment, as outlined. If, at an enforcement hearing, the court is not satisfied with matters relating to these alternative orders, it is open to the judge to discharge the fine by way of an imprisonment order. It is intended that this be used as a measure of last resort. The courts have that backup, where someone does not pay the fine, to send them to prison.

Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

The idea of somebody going to prison is a last option. We would want to make every effort to ensure that does not arise. If there are penalty fines, efforts should be made to collect those funds and impose the penalty. Going back and forth in the courts must take up a lot of time and effort for the Courts Service, clogging up other cases it wants to deal with. Is there any indication of how often they go around and the amount of time lost to that? Are fines written off after some time? Are those trying to stave it off successful? How much was written off? Is there a figure for last year or the year before? How much of these fines were written off?

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

I acknowledged in my initial reply that the current process is cumbersome and takes up considerable court time. A review is being carried out as to how that can be streamlined to ensure that the process is much more straightforward and to reduce the opportunities for kicking the can down the road. We want to ensure people pay these fines and are not wasting court time. I am very much in agreement with the Deputy that we need to have a more streamlined process so that people cannot evade their responsibilities and that is what we are we are working on at the moment. As somebody whose sister is in a wheelchair, I understand only too well the consequences of illegal parking and blocking footpaths that he mentioned. It is often the same people who do this again and again. I assure him that the matter is being taken very seriously by the Minister, Deputy McEntee.

Aindrias Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context

What about write-offs?

James Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

Dealing with fines is always a matter for the courts.