Michael McDowell (Dublin South East, Progressive Democrats)

It is a long-established pattern. The deterrent of making the sentence for any subsequent offence run consecutively does not seem to be as strong as it was hoped at the time of the bail referendum and when the 1984 legislation was passed. I agree with the Deputy that this is the case. There are a number of issues involved. First, the Deputy raised the possibility of extending the type and number of offences in respect of which bail would not be granted, other than by a decision of the High Court, in regard to serious offences. I suppose the Deputy possibly has in mind drug dealing and homicide offences other than murder and the like . There is an argument for this. The only problem is, as the Deputy correctly pointed out, one is then stuck with the proposition that an appeal from the High Court to the Supreme Court is a bit improbable and, therefore, one would have to restructure the Court of Criminal Appeal as an almost permanent court which would be available to decide on an appellate basis these kind of cases.

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