Michael McDowell (Dublin South East, Progressive Democrats)

Moreover, it would not be appropriate for me to comment on the circumstances in which bail may have been granted, or refused, in particular cases. I can confirm, however, that I was made aware by the Garda authorities of their concern that in a substantial number of cases involving operations they had launched against gun and drugs criminals, bail had been granted despite Garda objections. It would be wrong of me to give a public account of the precise details of Operation Oak, the exact number arrested under the operation and the precise position or relationship of those persons in the web connected with Martin Hyland. To do so would seriously undermine the effectiveness of the operation and compromise Garda intelligence. Suffice it to say that well in excess of 23 persons were arrested in the course of this operation.

I have made it clear previously that in making this point I am in no way impugning the independence or decisions of the courts. I have accepted, however, that changes need to be made to the operation of our bail laws. I announced a series of proposals in this regard last week. I do not believe any Member of this House would seriously contend that difficulties are not being encountered in the operation of our bail laws.

The proposals which I will be bringing forward in the criminal justice Bill include measures designed to restrict access to bail by those accused of gangland type offences. A senior Garda will be able to give his or her opinion, which shall be admitted in evidence, that the applicant for bail is likely to commit a serious offence if given bail. The applicant may be required to provide a statement in which he or she outlines the assets held inside and outside the State, his or her income and the source of that income, his or her previous criminal record, his or her previous bail applications and, if bail had been granted, the conditions that attached thereto. He or she can be cross examined on the statement, which will be sworn on affidavit, and it will be an offence to give wrong or misleading information. Appeals on bail applications in the District Court will in future be heard in the Circuit Court, thereby allowing appeals by way of a full rehearing of the case. Provision will be made for electronic monitoring of persons granted bail.

The new provisions are likely to result in the prosecution being able to mount a strong challenge to bail applications, with the result that there will be fewer applications or, where applications are made, they can be opposed more effectively. I hope these measures will be supported by all sides of the House. I intend to discuss these measures in detail with the Director of Public Prosecutions so that any deficiencies that exist with regard to the preparation of cases against the granting of bail can be fully addressed.

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