Brian Lenihan Jnr (Dublin West, Fianna Fail)

Some of the provisions relating to bail will be commenced. I refer to the provisions relating to electronic monitoring of persons on bail which is certainly under examination in the Department. I have reservations about the legislative intent to transfer general jurisdiction in bail matters to the Circuit Court because it opens up the vista of a District Court case being followed by a Circuit Court case, being followed by a High Court case, in a single bail application. I cannot see how that can be of advantage in the administration of justice. I also fail to understand how the Circuit Court can exercise jurisdiction on a continuous basis in bail matters when in many provincial circuits, a judge holds a sitting at different venues throughout a large geographical area. There would be significant practical problems in implementing a bail jurisdiction in the Circuit Court given the disposition of the judicial personnel involved.

I examined the section on my appointment as Minister and I confess that, as I was not responsible in this Department at the time of the enactment, I was not aware of the proposal at that time. I understand the Leas-Cheann Comhairle expressed views on this matter at the time. I have examined the issue since becoming Minister and I am not satisfied that the proposal is practical. However, I am always open to suggestions as to how the bail laws can be improved.

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