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 Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

The arguments put forward by the Minister of State and the other Deputies are pretty compelling in terms of the practicalities in an overall sense and how this, as put forward, would be unworkable. I accept that. Having accepted that, there are issues in respect of the rights of the person involved - or even the victim - and his or her ability to access the thinking of the judge in that scenario and in the context of openness regarding getting the reasons behind a judgement in writing. There is also an issue in respect of the lack of availability of digital recordings and people's difficulty in accessing information from the courts in that regard. Perhaps that is a slightly separate issue. The other issue that feeds into it is the lack of data relating to this matter. We do not really have any research into the thinking behind it. I note the point made by Deputy O'Callaghan. People in the profession either know or have a fair idea of what is involved but there is no data in respect of the breaching of conditions and how often this occurs or with regard to research, accountability and monitoring what is happening.

Is there a gap? What is and is not working? It is partly in that vein that we put forward for inclusion the words "in writing", but I accept all of the points made about the practicalities.

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