Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 8:

In page 5, between lines 12 and 13, to insert the following:

“Amendment of Act of 19975. The Act of 1997 is amended by the insertion of the following new section after section 11:

“12. The Minister shall, within 12 months of the enactment of this Act, lay before the Oireachtas a review of bail supports available in the State, to include but not limited to bail information schemes, bail support/supervision schemes, remand fostering, and bail hostels, and the Minister shall make costed recommendations to Government regarding improvements in the provision of such supports in the State with a view to reducing both custodial remand orders and breaches of bail conditions.”.”.

This is an integral part of the debate. In the context of reviewing bail the issue of bail supports is key. All international studies vindicate that position. If one supports people to comply with their conditions there are fewer breaches of conditions and it is better for everybody. The amendment requires the Minister to review the bail supports within 12 months of the enactment of the Bill. The amendment lists the types of bail support that could be provided. The amendment also seeks that the Minister would make costed recommendations to Government regarding improvements in the provision of such supports in order to reduce both custodial remand orders and breaches of bail conditions.

The reason I included that is because it is as far as I can go as an Opposition Deputy in terms of making changes to bail supports that I believe are necessary. I will not repeat them but studies from every jurisdiction indicate there is a huge cost saving if one puts the supports in place. At the moment, the State is spending more than €100,000 per day having people on remand in prisons. The alternative is to have them out on bail and supported and it is far cheaper for society as a whole. It allows the person to remain within the community, address his or her offending behaviour and enhances improvement. If one supports somebody, the chances of him or her turning up in court are improved, which improves the efficiency of the courts.

The amendment provides for the Minister to carry out a review rather than leaving it to chance. I could make many points about women offenders in particular and why we need the measures to be put in place. I am not in government so I cannot secure the measures. The best I can do is put a requirement in the legislation that the supports would be provided. There have been incredible results from other jurisdictions. Schemes in England and Wales found that where supports were provided, young people attended all court hearings in 94% of programmes and in Canada more than 81% of people who were on the programmes attended their court cases. Bail breaches for women who got supports in Glasgow and other places were reduced. We know that women in particular who end up in the criminal justice system are themselves generally the victims of crime such as sexual abuse and violence. Getting the supports for those underlying issues is key in the women avoiding custodial sentences and being able to rebuild their lives and address their offending behaviour. I believe such an approach is a winner in terms of cost.