The Department of Justice, Equality and Law Reform is considering legislation that would abolish the use of a court poor box, according to its secretary general, Mr Tim Dalton.
He told the Public Accounts Committee that a system exists where the judge "indicates he will take a certain course" if a person accused of an offence makes a donation to the court poor box. This usually means the offender receives the benefit of the Probation Act or a suspended sentence. No conviction is then recorded. This happens most commonly in the District Court, he said.
In 1999 the poor boxes in the District Courts received £369,000 and those in the Circuit Court £21,000, he said. Mr P.J. Fitzpatrick, chief executive of the Courts Service, said the total in 2000 was £428,000. Other payments made directly to charity, and not accounted for, amounted to about £80,000.
Mr Dalton said there was no statutory basis to this practice, which pre-dated the foundation of the State and had its roots in common law. This did not mean it was illegal, but it could appear that it allowed people to be treated unequally, he said.
"One of the options being considered by the Department is that of abolishing it altogether," he said. "In its favour it should be said it does represent a way of dealing with cases where a fine and conviction is not appropriate, and it does raise money for charities."
Main beneficiaries in 1999 were the Society of St Vincent de Paul, which received £53,000, Victim Support, which received £78,000, and the Simon Community, which received £16,000, he said.
Mr Fitzpatrick told the committee this issue had been considered by the board of the Court Service, and the view of the board was that the system was open to misunderstanding and should be put on a statutory basis.
It is understood the use of the poor box varies from judge to judge, and one district justice generated about £70,000 for charity this way.