Dermot Ahern (Louth, Fianna Fail)

I propose to circulate in the Official Report a tabular statement setting out details of persons who were on bail at the time of the recording of a criminal incident in respect of which they were suspected. These figures are readily available only in respect of the years 2004 to 2007. While the commission of every crime is to be deplored, I accept fully that the commission of offences by persons while on bail is an issue of considerable concern.

The law already takes a serious view of such offences. The Criminal Justice Act 1984 provides for mandatory consecutive sentences to apply where a person is convicted of an offence committed while on bail. In addition, the law provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.

The granting of bail is a matter for the courts. The Director of Public Prosecutions, who is independent in the performance of his functions, represents the State for the purposes of dealing with such applications. It would obviously not be appropriate for me to comment on the circumstances in which bail may have been granted, or refused, in particular cases.

Prior to the sixteenth amendment of the Constitution, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses. The Bail Act 1997, which gave effect to the terms of the sixteenth amendment of the Constitution, provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.

The House will be aware that there have been concerns at how, in practice, our bail laws have been operating and these led to the inclusion in the Criminal Justice Act 2007 of a series of new provisions designed to tighten up on the granting of bail. Those provisions have been in operation for just 12 months and their effectiveness will be reviewed. In addition I intend to keep all aspects of the operation of our bail law under review to see whether further changes are necessary.

While I accept that in the operation of our bail laws due regard must be had to the presumption of innocence, regard must also be had to the need to protect the community.

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