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16/12/2010
Abolition Of Imprisonment Over Fines Urged
The Law Reform Commission has issued a recommendation to completely abolish imprisonment of people who cannot pay fines.
The independent statutory body said it supported a new non-court system to settle personal debt and recommended a move away from courts.
The commission is urging the Government to use community service as the primary way to handle those unable to pay their debts on credit cards, personal loans, small business lending and overdrafts.
Among key changes sought by the commission would be a judicial regime replaced by 'efficient' and 'cost-effective' debt enforcement offices to secure repayment deals with the interests of both the borrower and lender at heart.
Patricia Rickard-Clarke, commissioner with the LRC, said jail does not benefit anyone when debts are left hanging.
"We just feel, for debt, it's a civil breach not a criminal offence. Debt and non-repayment is a civil offence," she said.
"There's the cost of sending people to prison and the debt still remains whenever they come out. It does not benefit the creditors and the people going to prison don't earn a living."
The commission said a debt enforcement office could help individuals and small business reach agreement with creditors - in some cases to repay an agreed amount over five years, in other cases, to discharge the debt altogether.
Other changes would include adjustments to bankruptcy laws, which the commission would like to see discharged after three years, instead of 12, as is now the case.
It also recommended a licencing for debt collectors, to stamp out criminality and harassment.
(DW)
The independent statutory body said it supported a new non-court system to settle personal debt and recommended a move away from courts.
The commission is urging the Government to use community service as the primary way to handle those unable to pay their debts on credit cards, personal loans, small business lending and overdrafts.
Among key changes sought by the commission would be a judicial regime replaced by 'efficient' and 'cost-effective' debt enforcement offices to secure repayment deals with the interests of both the borrower and lender at heart.
Patricia Rickard-Clarke, commissioner with the LRC, said jail does not benefit anyone when debts are left hanging.
"We just feel, for debt, it's a civil breach not a criminal offence. Debt and non-repayment is a civil offence," she said.
"There's the cost of sending people to prison and the debt still remains whenever they come out. It does not benefit the creditors and the people going to prison don't earn a living."
The commission said a debt enforcement office could help individuals and small business reach agreement with creditors - in some cases to repay an agreed amount over five years, in other cases, to discharge the debt altogether.
Other changes would include adjustments to bankruptcy laws, which the commission would like to see discharged after three years, instead of 12, as is now the case.
It also recommended a licencing for debt collectors, to stamp out criminality and harassment.
(DW)
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