Michael McDowell (Dublin South East, Progressive Democrats)

I am not suggesting the Deputy's idea is wrong but it would perhaps be better if we considered giving some level of the Judiciary, perhaps a Circuit Court judge, the right to make decisions in respect of a series of bail issues and then have an appeal to a single High Court judge. Having three judges sitting, as the Court of Criminal Appeal normally would consist of, on bail appeals could be quite a significant deployment of judicial resources especially when, by definition, the right of appeal of the Director of Public Prosecutions would be in cases where the first judge had taken the view that the person should be set at liberty. There is an issue here which will be dealt with in the criminal justice (miscellaneous provisions) Bill which will afford this House the opportunity on Committee Stage to consider amplifications of the bail jurisdiction or variations of it at the moment. It is a difficult issue and I fully agree with the Deputy that it is not one where the present situation is satisfactory.

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