Dáil debates

Tuesday, 24 April 2007

Criminal Justice Bill 2007: Report Stage (Resumed)

 

6:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

We are trying to ensure that as much relevant information as possible will be placed before the courts when decisions relating to bail are being made. I approve of the requirement that information relating to a person's sources of income within the preceding three years, to his or her property, whether inside or outside the State, and to his or her previous convictions be made available. As a country attorney, my approach to these matters is to consider the practicalities. On Committee Stage, I referred to someone with convictions relating to 79 offences and the fact that he or she would not have a hope in hell of listing them all. I would not like a legal requirement to be put in place in this regard because there is no point in making provision in respect of something that cannot be achieved.

The compromise that has emerged in the wake of the amendment tabled by Deputy Howlin on Committee Stage strikes the correct balance. A court should be made aware of any previous convictions in respect of serious offences. It should also be made aware of any convictions relating to offences previously committed while on bail. That is a fair balance. I would like to see such information being placed before judges charged with making decisions on bail. I accept that offences relating to an accused having bald tyres on his or her car or not possessing road tax for that vehicle are not entirely relevant in this context. In addition, it is not practical to make provision in respect of such offences. On balance, therefore, I support the approach now emerging.

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