Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendmentNo. 27:

In page 9, to delete lines 4 to 10 and substitute the following:

"(1) The opinion of a member of An Garda Síochána shall not be considered evidence of any fact or likelihood other than of his or her own opinion in proceedings under section 2.".

A member of the Garda Síochána, not below the rank of chief superintendent, can give evidence that he or she considers there are reasonable grounds for refusing bail. A similar provision is already contained in the Offences against the State Act. I have always expressed concern about this provision. If a member of the Garda Síochána has evidence against a person of a serious offence, that person should be charged. It is not good enough that it can be based on an opinion rather than fact-based. I strongly hold the belief, as I have argued in regard to the Offences Against the State Act, that much more than a person's opinion is required if the taking of a person's liberty is under consideration, which is what we are talking about in this instance. We are talking about a bail application. Such an approach is treading on dangerous ground. I understand where people are coming from but there is an onus the Garda Síochána and the Director of Public Prosecutions who is taking the case to present evidence. Judges do not like to refuse bail because of the length of time it takes for a court case to be heard. That is often the reason bail is granted, even when a judge is not sure he or she should do so. One way to address that is for cases to be heard quicker in the courts. In fairness to the Minister he has allowed for extra judges to be appointed to reduce that delay. Perhaps that will somewhat address this issue. We are treading on dangerous ground when we allow a person's opinion to be treated as evidence in itself.

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