Michael McDowell (Dublin South East, Progressive Democrats)

I propose to bring forward a number of amendments to the law on bail in the criminal justice (miscellaneous provisions) Bill which I hope to publish early next year.

As the Deputy is aware, two statutes are relevant to the operation of the arrangements for bail. The Bail Act 1997 deals with the system generally and gives effect to the terms of the Sixteenth Amendment of the Constitution. Furthermore, the Criminal Justice Act 1984 provides a sentence of imprisonment passed on a person for an offence committed while on bail must be consecutive on any sentence passed on him or her for a previous offence.

Earlier this year I announced the Government had approved the drafting of the criminal justice (miscellaneous provisions) Bill which will address a number of issues relating to consecutive sentences for offences committed while on bail. As I mentioned, section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment for an offence committed while on bail must be consecutive on a sentence passed for a previous offence, or on the sentence last due to expire if more than one is being served. It also provides that where a consecutive sentence applies, the fact the offence was committed while the person was on bail shall be treated as an aggravating factor by the court when determining the sentence. However, the Director of Public Prosecutions indicated that, at present, the intention of the consecutive sentence provisions can be avoided in certain circumstances, namely, where an offender is not brought before the court for the offences in the chronological order in which they were committed. This can happen due to the varying pace of investigations into different offences. The criminal justice (miscellaneous provisions) Bill will close off that loophole.

The Bill will give effect to the recommendations of the ad hoc group on the administration of bail which was established in response to the concerns expressed by the Comptroller and Auditor General in the 2001 annual report. These concerns related to the administration of bail with particular regard to inefficiencies in the system for collecting money due on foot of the estreatment of bail. The ad hoc group reported in October 2003 and work is ongoing on the preparation of legislation for inclusion in the Bill to reflect the group's recommendations.

Additional information not given on the floor of the House:

The amendments I propose to introduce will allow the courts the option to set bail terms that do not include financial commitments. Alternatives might include reporting to Garda stations or surrender of passports. They will also allow the courts discretion on whether they order estreatment, provide that estreatment be enforced by way of a penal warrant which is the mechanism applicable to the collection of fines rather than the current system of distress warrants. They will also extend the six months time limit to 12 months during which summary proceedings may be brought for breach of bail conditions, or alternatively, treat such failure as an indictable offence where no time limit would apply. I believe these proposals will address the issues that gave rise to the concerns expressed by the Comptroller and Auditor General.

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