Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

I welcome the opportunity to participate in today's debate. I very much welcome the Bail (Amendment) Bill 2016 because its measures are badly needed. The amendments include that a court can take into account persistent serious offending by an accused and the likelihood of any danger to a person or the community if an accused was granted bail, and the strengthening of Garda powers to deal with breaches of bail conditions. The expansion of the range of conditions that may be attached to bail include prohibiting contact by an accused with a complainant or a member of the complainant's family, prohibiting an accused from driving where the offence charged is a serious road traffic offence, and the imposition of a night-time curfew. The Bill will also enable electronic monitoring to be made a condition of bail if required, the hearing of evidence from a complainant regarding the possibility of interference by an accused with the complainant or a member of the complainant's family, and also a court having to give reasons for granting or refusing bail and for imposing any conditions in respect of bail.

It is only right and proper that persistent offenders are dealt with in an appropriate manner and if it means that they are refused bail, then that is what is needed. Too often we read about the same offenders repeatedly committing crimes while on bail. Why should we, as a society, accept this? It is simply not right that criminals can be let out on bail to commit crimes. It is happening far too often that those out on bail believe they can go back to their criminal ways because the necessary deterrents are not there at present. The Bill before us will, I believe, be a first major step in putting in place deterrents that will once and for all stop criminals from committing crimes while on bail. It is welcome that we will now be able refuse bail to persistent offenders. Why should persistent offenders think they are entitled to bail? I strongly believe that the courts should adopt a zero tolerance policy when this legislation is passed. Offenders should be left in no doubt that should they offend while on bail, they will have no second chance.

I also warmly welcome the expansion and strengthening of conditions that may be attached to bail. It is welcome that an accused can be prohibited from contacting a complainant or a family member of the complainant and I look forward to seeing this rigorously enforced. Too often we have seen witnesses being subjected to abuse and threats which in some cases has led to cases collapsing. It is simply unacceptable that this has happened in the past and is happening even today. We must at all times protect complainants from interference by the accused.

Many people have raised concerns about the measures to be implemented, particularly in relation to electronic monitoring, but it is quite simple. If electronic monitoring is needed to protect society from criminals, it should be used. There can be no hiding place for criminals and we should provide the courts with every available option to ensure that these criminals cannot commit criminal acts, especially when they are out on bail. Other measures in the Bill that I welcome include the fact that a court can now hear evidence from a complainant if he or she feels that he or she will be interfered with by the accused.

When the Bill is enacted, I hope the courts will fully implement the measures included in it. There should be complete openness and transparency in the way the courts will implement these measures. I do not want to see courts in some areas treating defendants differently. We should ensure that the measures are implemented uniformly across the country. It is important that there is not only openness and transparency in the implementation of these measures, but also fairness. In this regard, I welcome the fact that the courts will have to give detailed reasons for the decision to either grant or refuse bail and the imposition of any condition on bail. This measure, I believe, will create an open, transparent and fair system.

I welcome the Bill. It is badly needed and will benefit complainants, their families and the wider community. It will also act as a serious deterrent to criminals who at present think they can do whatever they like while on bail. This must never be accepted and these criminals must be shown that should they wish to continue their criminal ways, they will have a price to pay. I expect that once the Bill is passed, the courts will use their new powers to deter criminals from committing crimes while on bail.

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