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

I thank the Deputy for proposing the amendments, both of which relate to the electronic monitoring provisions contained in the Bail Act 1997. As the Tánaiste outlined to the House on a number of occasions, electronic monitoring has its limitations, but as the Deputy pointed out, it has the potential to be effective when applied in certain circumstances. That is the basis for the amendment to section 4 of the Bill which provides that electronic monitoring can only be imposed on the application of the prosecutor in order that it can be limited to those cases in which it is most likely to be effective. The Deputy's amendments, if I understand them correctly, also seek to ensure the use of electronic monitoring would be restricted to the most suitable cases.

Amendment No. 6 would insert two new subsections into section 6B of the Bail Act 1997 which deals with the electronic monitoring of certain persons admitted to bail. The new subsection (1A) would set out conditions to which the court would have to have regard in imposing a condition requiring electronic monitoring, including that the type and modalities of the tagging be proportionate to the age, disability and personal circumstances of the person concerned and that he or she not be confined solely to the place of residence. The new subsection (1B) would require data to be collected in compliance with the Data Protection Acts and the data not to be used for any other purpose. The amendments appear to be unnecessary, given the safeguards already provided in the existing provisions of the Bail Act which requires a person subject to electronic monitoring to consent to it and that the provisions do not apply to under-18s and only apply in the case of serious offences. It is not possible to restrict the movements of a person on bail to such an extent that he or she must remain in any specific place or residence at all times and the provisions are already subject, as the Deputy pointed out, to the provisions of the Data Protection Acts.

Amendment No. 7 would amend section 6D - arrangements for electronic monitoring - of the Bail Act 1997 to restrict the provision of electronic monitoring services to non-commercial or not-for-profit providers. This would prevent current arrangements used for electronic monitoring by the Irish Prison Service and restrict the possible options for providing for electronic monitoring. I do not share the Deputy's concerns that a commercial operator could not appropriately and effectively provide the electronic monitoring service. Such a provider would be bound to operate the service in accordance with the statutory provisions and the contractual obligations imposed by the State. Limiting the provision to non-commercial operators would restrict the available operators and possibly lead to circumstances in which electronic monitoring services could not be implemented in some locations, or not at all. It would also be likely to increase costs. For that reason, I cannot accept the Deputy's amendments.