The Minister for Justice, Equality and Law Reform is to review the law relating to the non-payment of fines. This follows a report which shows offenders for fine default or civil debt tend to be unemployed, or not in the labour force because of disability, writes Michael O'Regan.
A significant number are living in poverty and experiencing "life difficulties".
Mr McDowell said yesterday that while persons imprisoned for non-payment of fines constituted no more than 1.5 per cent of the prison population at any given time, the law in that area needed to be reviewed.
"I have no doubt that it is time now for a review of the system by which we enforce fines," he said. "This research provides information which will be of significant value in conducting such a review. Officials will now examine the research with a view to drawing up whatever proposals may be necessary for inclusion in the proposed Enforcement of Fines Bill."
The Nexus Research Co-operative was commissioned to conduct the survey. Most of those committed for fine default or civil debt are male, it finds. Most of those interviewed were committed to prison for non-payment of a fine or civil debt relating to one offence or incident.
Awareness of the fines appeal process is low, as is the understanding of exactly which fines are outstanding, the report says. It adds that the reasons for non-payment relate primarily to changes in employment circumstances. Lack of opportunity to pay by instalment is also an obstacle.
The report says two-thirds of those imprisoned had failed to pay fines relating to road traffic and motoring offences. About half of those imprisoned were sentenced to less than 10 days' imprisonment and almost three-quarters were discharged within five days.
Apart from three cases, where those involved refused to pay on principle, there were no cases where those interviewed could have paid the fines in one payment.
Several of those interviewed were homeless. Problems relating to alcohol abuse and drugs and difficulties in relationships with partners also figured prominently. The report notes some of those interviewed had more immediate and urgent demands which overshadowed the payment of fines.
One interviewee said: "So, eventually, I was on the verge of suicide. Let's put it like that. I was on the verge of suicide because my whole life was turned upside down. And every policeman in X knew my name and they knew I had a barring order. Eventually, when I got myself dried out a little bit, I got barred out of the hostel. They wouldn't let me into the hostel in X. It doesn't weigh with me at all."