Brian Lenihan Jnr (Dublin West, Fianna Fail)

The Criminal Justice Act 2007 contains 60 sections and two Schedules. With the exception of sections 11 to 13, inclusive and 19 and 41, inclusive, all sections and the two Schedules have been commenced. Sections 11 to 13, inclusive, of the Act, concern the Bail Act 1997. They are the enabling provisions for electronic monitoring of persons granted bail subject to certain conditions. The merits of electronic monitoring and the different methods by which it can be carried out, require careful consideration before I am in a position to make specific recommendations on its introduction to my Government colleagues. I advise the Deputy that the cost effectiveness of electronic monitoring and developments in technology are being monitored by my Department.

Section 19 amends the Criminal Procedure Act 1967 to provide that the High Court may in certain circumstances transfer its jurisdiction to hear appeals in bail cases to the Circuit Court. The section also extends the appeal rights of the prosecution in bail cases. The commencement of this provision has been deferred. I wish to have the question of the transfer of bail hearings to the Circuit Court reassessed to ensure that the potential benefits outweigh some of the practical concerns about its implementation which have been identified. These are very serious practical concerns about the implementation of that particular provision of the 1997 Act.

As Deputy Charles Flanagan will be aware, the historic practice has been that bail applications are taken initially at the District Court. If bail is refused in the District Court, a person may invoke the inherent jurisdiction of the High Court and apply for bail in the event of refusal in the District Court. The involvement of other courts in the bail process, such as the Circuit Court, the Special Criminal Court, the Court of Criminal Appeal, has historically depended on whether the particular court has seisin of the particular offender. There has been no general bail jurisdiction in the Circuit Court. I am not convinced that the implementation of this section of the legislation would be of benefit in the administration of criminal justice in the State.

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