Oireachtas Joint and Select Committees

Wednesday, 5 April 2017

Select Committee on Justice and Equality

Bail (Amendment) Bill 2016: Committee Stage

9:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I am happy to go along with Deputy Daly's proposal although perhaps it requires further consideration. Section 6(1)(b) says: "the recognisance may be subject to such conditions as the court considers appropriate having regard to the circumstances of the case". The proposal is that we would change the word "appropriate" and put in the words "necessary and proportionate". I do not think there is a huge difference but I would be prepared to look at it.

My only concern is that I want the addition of subparagraphs (vi),(vii) and(viii), which are in the Bill before us, to section 6(1)(b) of the Bail Act. I do not think this amendment would deal with those subparagraphs but I was slightly concerned that the amendment, in stating “in subsection 1(b) by the substitution of “considers necessary and proportionate” for “considers appropriate”,” is an amendment to the substance of the Act of 1997 as opposed to what is relevant here when one looks at section 3 of the Bill. I am slightly confused by that and want to be certain what the consequences of that would be.

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