Dáil debates

Thursday, 29 March 2007

Criminal Justice Bill 2007: Committee Stage (Resumed)

 

2:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

I move amendment No. 22:

In page 7, to delete lines 18 to 22 and substitute the following:

"(e) any previous convictions of the applicant and information as to which (if any) of those previous convictions were in respect of offences committed while the applicant was on bail;".

Section 6 inserts a new subsection 1A into the bail Act. This new subsection sets out: "A person who is charged with a serious offence and applies for bail... shall... furnish to the prosecutor a written statement duly signed by the applicant and containing the following information relating to the applicant." It then sets out in paragraphs (a) to (g) what is required. I am suggesting that as regards the statement required, paragraphs (e) and (f) are deficient and I am proposing an alternative paragraph (e). The (e) I suggest, in amendment No. 22, refers to "any previous convictions of the applicant and information as to which (if any) of those previous convictions were in respect of offences committed while the applicant was on bail".

At first glance the Tánaiste might say these concerns as regards (e) and (f) are captured by his amendments. However, I believe the Tánaiste's paragraph (e) is too narrow in that it is limited only to serious offences. His paragraph (f) is too broad because the applicant has to set out "any offences or offence committed by the applicant while previously on bail", not convictions but any offence he or she committed. It is like being asked to write a confession. We have already had a debate about self incrimination, so I do not believe the Tánaiste can ask people, in effect, to write a confession as regards any offences they have committed before they can apply for bail, regardless of whether they have been charged or convicted. I do not believe this is right.

The formulation I suggest deals with previous convictions which do not necessarily have to be serious and requires convictions to be set out that occurred while the person was on bail and is a preferable listing for the applicant to make before a bail hearing.

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