Charles Flanagan (Laois-Offaly, Fine Gael)

What exactly is the problem here? We have had a difficulty with our bail laws for many years and the House has attempted on a number of occasions to address this matter as it gives rise to significant public concern. We had the 1984 Act and 12 years later we had a bail referendum, following which we had the Bail Act. In 2006 and 2007 we had further criminal justice Acts. I have not seen the table the Minister circulated with his reply, but we are dealing with a situation where thousands of crimes are being committed each year by people who, on the occasion of the commission of the crime, are out on bail in respect of other charges. This cannot be allowed to continue.

With reference to the 2007 Act, why has the section dealing with electronic tagging not been brought into force and why is it not being used? Another section of that Act facilitated the right of the Garda Síochána, on the part of the State, to appeal to the High Court in cases where bail has been granted. Why has that section not been put into operation? There are, therefore, three issues with regard to the delay involved in proceeding to criminal trials, namely, the failure to operate the two sections of the 2007 Act which were designed to alleviate the bail problem and the matter of the delay. Bail is an important issue that we have been grappling with for decades, yet thousands of crimes are being committed each year by people who are out on bail and who, dare I say it, have an incentive to commit another crime given that they are already facing charges, some of which are of a very serious nature.

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