How will the new fine payment law coming into force today affect you?

Article from fliuch.org  see comment at the end
Based on original article in thejournal.ie

Jail time for fine defaulters will be considered only as a last resort under the legislation.

LEGISLATION COMING INTO effect today aims to reduce the number of people imprisoned for not paying fines.

Some 8,140 people were jailed for non-payment in 2014 – the last year for which figures are available – with the majority spending less than a day in prison.

The Fines Act 2014 introduces a number of new measures around the payment and recovery of fines, but what does it mean for you?

Will I still have to pay fines in one go?

No. All fines over €100 can now be paid by installments, which means you’ll only be brought to court if you default on repayments. Fines will also be set at a level that considers your financial circumstances.

Who’ll be responsible for fine collection?

An Post has been confirmed as the service provider for collection, allowing you to pay instalments in post offices across the country.

The Courts Service said that An Post’s subsidiary PrintPost will now print fine notices and reminders.

What happens if I still don’t pay up?

In situations where a fine remains unpaid, a judge can make an attachment order to deduct the outstanding debt from income other than social welfare.

If an attachment order isn’t appropriate, and the fine exceeds €500, a court can order that property be seized and sold to recover the sum. A recovery order will allow a receiver to enter any premises belonging to the fined person and take possession of any of their property, with “reasonable force” if necessary.

In the event that neither order cause the fine to be paid in full, a community service order can be imposed to require the person to perform unpaid work for between 40 and 100 hours.

IPRT Executive Director Deirdre Malone said:

This is a victory for common sense: imprisoning people for failure to pay court ordered fines is not only socially damaging, it creates an illogical and additional burden on an already strained prison system. Ending the practice of imprisonment for failure to pay fines will reduce unnecessary and damaging committals to prison, as well as saving the taxpayer money.

The IPRT also noted that an instalment option does not apply to fines over €100, and pointed out that “even €100 may be a significant money for families in the current economic climate”, so it believes this limit should be removed.

©http://www.thejournal.ie/fines-law-installments-2541971-Jan2016/

1688 (1689) Bill of Rights still stands:

That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void

You cannot be fined or have goods seized without a conviction. You cannot be convicted without going to court. You are entitled to a trial by jury.

That’s potentially 400,000 people going to court for non-payment of the water tax.

Fliuch.

Fallout as Siteserv inquiry 'could take eight years'

Denis O'Brien

Denis O'Brien

Kevin Doyle

A suggestion in a draft interim report in the Commission of Investigation into IBRC that the probe could take up to eight years has been met with astonishment.

Bodies who are party to the inquiry are prohibited by law from discussing the contents of the interim report before its publication, but a well-placed source said: "Getting proper engagement from people will be impossible if it drags on for that long."

The Irish Independent revealed yesterday that Mr Justice Brian Creagan, who is the sole member of the investigation, wants Taoiseach Enda Kenny to assign a second judge to help him study 38 IBRC sales, each of which involved write-offs of more than €10m.

His interim report is also understood to say that it will take "several years" before any detailed report can be produced. The judge is believed to have given a timeframe of seven to eight years to get through the workload.

The original deadline set by the Government when the commission was set up was the end of this year.

"The investigation is looking at transactions that took a few months to complete, so it's hard to comprehend that it would take years," said a source.

Controversy surrounding the sale of contracting firm Siteserv to Denis O'Brien's Millington, with a write-down of €119m, sparked calls for the commission to be set up last summer.

However, it is understood that the interim report, which is expected to be sent to the Taoiseach next week, does not mention Siteserv specifically.


Siteserv not yet contacted under remit of IBRC inquiry

Cabinet to consider emergency legislation to overcome legal obstacle hampering commission

The Commission of Inquiry into IBRC is investigating disposals by the bank - which was the former Anglo Irish Bank - involving write-downs of €10 million or more - including the sale of Siteserv. Image: The Irish Times

The Commission of Inquiry into IBRC is investigating disposals by the bank - which was the former Anglo Irish Bank - involving write-downs of €10 million or more - including the sale of Siteserv. Image: The Irish Times

Harry McGee Irish Times

The Commission of Inquiry into IBRC has yet to make contact with Siteserv, the sale of which by the former Anglo Irish Bank forms an important part of the IBRC investigation.

The Cabinet is expected to consider rushing emergency legislation through the Dáil this week to overcome a legal obstacle that has effectively ground to a halt the work of the Commission of Investigation into IBRC.

However, the disclosure that Siteserv has still to be contacted will throw fresh doubt on the commission completing its work before the general election in February or March.

The commission, set up last summer, is investigating disposals by IBRC - the former Anglo Irish Bank - involving write-downs of €10 million or more.

They include the sale of Siteserv to a company controlled by businessman Denis O’Brien, a disposal which involved a write-down of €119 million.

The commission is also investigating a claim made in the Dáil by Social Democrats co-leader Catherine Murphy that preferential interest rates were given to some large borrowers. It was due to publish its final report by the end of December.

Confidentiality

In a short statement last night, Siteserv said that four months after it was established in July, the commission “has made no contact whatsoever with Siteserv or its shareholders. From the outset, the company had expressed its willingness to co-operate fully with the Commission”.

Taoiseach Enda Kenny confirmed on Sunday he had received a letter from Judge Brian Cregan, the chair of the Commission of Investigation.

Judge Cregan informed the Government that an issue surrounding his powers in determining on issues of confidentiality and privilege had meant he “was not in a position to proceed” with his investigation of any relevant transaction where “write-offs” occurred.

The issue, it is believed, relates to the 2004 Act setting up Commissions of Investigation. It is understood the commission did not have the powers to make a determination as to whether or not confidential documents in the possession of IBRC liquidators KPMG should be distributed to parties other than the commission. The liquidators have claimed legal and banking privilege over the documents.

Extension

The statement also refers to a request for an extension of time, which suggests that it will not be in a position to report by the deadline of the end of December 2015, set out by its terms of reference.

Ms Murphy and Fianna Fáil finance spokesman Michael McGrath both said the report would not be published until well after the general election. In several interviews, Ms Murphy also warned of the possibility of a collapse of the investigation.

“There is a real possibility of it collapsing, she said, adding: “That will cause absolute outrage. The people will not be taken for fools on this. It is absolutely essential that this information is known.”

The Taoiseach’s statement said he contacted Attorney General Maire Whelan on Friday on the implications of the determination. He asked her to advise him on the legal options available to ensure the investigation can by competed effectively and quickly.

Both Mr Kenny and Minister for Transport Paschal Donohoe, in separate interviews, raised the possibility of emergency legislation being rushed through the Dáil.

Sinn Féin finance spokesman Pearse Doherty said: “For [the inquiry] to fall flat on its face just before a general election will quiet rightly raise suspicion.”

Source: Irish Times, Mon 9, 2015