Ms Deirdre Malone:

In relation to head 10, Senator Ivana Bacik asked about strengthening it. I suggest that at present it is framed in negative language. It might be helpful to go back to the language used in the jurisprudence of the ECHR where it is clear that there is a presumption and a belief that the State bears the burden of proof in showing that a less intrusive alternative to detention would not serve the respective purpose. It makes it very clear that unless a condition of bail could not mitigate the risk in question, it is only in those circumstances that it could remand. It is important that there is a clear and positive statement - I agree with Ms Mulcahy on that - obviously setting out that conditions can be imposed but remand should only be the case where those conditions cannot mitigate any risk that is present.