Brian Cowen (Laois-Offaly, Fianna Fail)

We examine all these issues, but the question is put in terms of people re-offending on bail. One of the criteria laid down for the refusal of bail is the prospect of re-offending. Under our system, the decision of whether to grant bail is made by an independent judge. We cannot decide on that. If such a danger exists, the case is made to the court. It is a matter for the Judiciary to decide whether detention is warranted. These are issues related to constitutional rights, which have been tested in all the courts over a long period. While people may believe that certain things should occur in the Legislature, these matters have been reviewed in the courts in terms of compliance with constitutional rights and obligations, which must also be observed by this Legislature. This is an ongoing debate, but I make the point that the question of how we organise offices in the future in the context of the very tight budgetary situation which we are facing is something which must be taken on board by everyone. It is a reality which cannot be avoided by anyone.

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