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 David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I have listened carefully to what Deputy Clare Daly has said. The Deputy is proposing the deletion of the new Garda power of arrest, that will be inserted by section 3 of the Bill into section 6 of the Bail Act 1997. The provision would allow a member of the Garda Síochána to arrest, without warrant, a person who has been released on bail where the member reasonably suspects that the person has breached, is in the act of breaching or is about to breach a condition of his or her bail and the immediate arrest is necessary to prevent harm to or interference with the victim, another witness or another person that the court is specifically trying to protect. We are talking about protecting victims here as well. Let us not forget that. The power of arrest provided in this provision has been very carefully considered and is very limited in nature. There must be an imminent risk of harm or intimidation to the victim, witness or other identified person. The provision is reasonable and is necessary to allow a member of the Garda to intervene in such circumstances. Therefore, I cannot accept the Deputy's amendment at this time.

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