Oireachtas Joint and Select Committees

Wednesday, 4 November 2015

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of Bail Bill 2015: Discussion

9:30 am

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent) | Oireachtas source

I accept and do not disagree with the point that the court's decision must always be grounded in evidence. My beef - and I represent the view of members of the public - is with the inconsistency that is sometimes evident in bail decisions. I will not identify particular cases but I have experience of cases in which non-violent persons were refused bail while extremely violent persons with bad records were granted bail. In such circumstances, people ask me what is going on in the justice system. My point, therefore, is the inconsistency in some of the decisions on bail. I understand that judges must make difficult decisions and people are human and will get things wrong. For example, someone who is perceived as not being violent may suddenly become violent. Those are facts of life. However, inconsistency is a regular feature of decisions on bail. Although I am a strong believer in civil liberties, members of the public also have rights and they frequently believe that victims have been ignored.

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