Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Amendment No. 27 in my name proposes the deletion of paragraph (g), which would solve the sequencing problem to which Deputy Howlin referred.

I have a difficulty with this because a judge should be able to make a decision with regard to the merits of an application before him or her rather than on the basis of previous decisions made by other judges. The Tánaiste is trying to capture everything in paragraph (g) but there is other relevant information which it does not cover. I refer, for example, to the fact there is no requirement to indicate why bail was or was not previously granted. Under the paragraph, there is only a need to indicate whether bail was granted and outline the conditions associated with that bail. A person charged with a serious offence might, for example, be granted bail on foot of the fact that a considerable period might elapse before the commencement of the court case. In addition, bail might be granted where a person was obliged to resolve a family or some other matter.

The paragraph does not cover every eventuality and accused persons will argue that they should have the opportunity to ensure all the relevant details they require to be raised will come to light. I do not know whether this is contemplated by the written statement that an accused is required to provide. I have difficulties with the entire section but my main concern is that a judge will be obliged to make a decision based on the findings or other judges rather than on the basis of his or her own findings. For those reasons, I am seeking the deletion of paragraph (g).

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