Ms Deirdre Malone:

I thank the Deputy for his comments. There are two ways that could be addressed. First, we did some research in 2016 in which a researcher sat in court and listened. We found that bail conditions were attached in every single case observed. There were around 90 cases. One approach is to ensure that where conditions are imposed, they are actually necessary and tailored to the particular case. In the exercise of its function the Judiciary should be looking at what specific risk, if any, has been identified, and what the sensible response to that risk is. The Criminal Justice Act 2017 specifically makes provision for a condition prohibiting contact with the alleged victim or his or her family. It also allows for the imposition of curfews and prohibition of driving if charges are for a serious road traffic offence. It is important to ensure that the conditions are tailored and are not pro formaconditions thrown out in every single case. Conditions are impossible for An Garda Síochána to deal with and monitor if they are being handed out on a blanket basis.

Second, there are very good international examples of bail support and supervision schemes, such as providing bail hostels so that people can have a residence they can name. Basically, these involve using very practical measures to ensure that people turn up for court, the court's time is not wasted and the right people are turning up at the right time. Moreover, in instances where clearly the test is met, for example where there is a clear flight risk or a clearly evidenced risk of interference with the family, refusal of bail is an option for the court. It is an option for the court at the moment and can be used. However, unless these provisions are used and conditions are attached in a tailored way and gardaí are resourced to monitor them, the system will freeze up and will not work. A tailored approach to these things is needed but there are lots of international and Irish examples of useful approaches. Extern has a bail support scheme for the under-18s. It is very successful and has worked very well in ensuring that people turn up at court and answer their charges and those cases are progressed. Perhaps the committee could look at that and consider how it could be extended to the adult population.