Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank all the Deputies for the thoughtful contributions we have heard from all sides of the House. I thank everybody who contributed to the debate. It is clear that there is a deep interest in this area from a number of different perspectives. As Deputy Josepha Madigan said, these all are interconnected.

I will make a number of points about penal policy in general. Many of the comments were about our penal policy and the approach we should take. Given that the Joint Committee on Justice and Equality heard from the Irish Penal Reform Trust this morning, that is an extremely topical issue. There is no binary choice between enhancing the law on bail to protect the public against serious crime and ensuring that prison is only used in appropriate cases. The two objectives are perfectly consistent. Deputy Jim O'Callaghan made that point and I agree with him. That is central.

There have been massive improvements in prison accommodation and significant investment, for example, in single cell accommodation and access to sanitation. There have been massive changes.

The other point of which Deputies are aware - I believe it was debated by the last justice committee - concerns the very important penal policy review carried out. It is a roadmap in ensuring we will limit imprisonment to those who absolutely should be there and that we will work to support those who can be rehabilitated. There are a number of initiatives being taken in that regard. In fact, there has never been such a good relationship between the Probation Service and the Irish Prison Service. That was unheard of a number of years ago, but they now work closely together. There are many good initiatives, including youth diversion and Garda diversion programmes, the joint agency response to crime, JARC, and the newly established programmes to identify and work with serious offenders to ensure they receive the multifaceted support they need. The question of support while on bail is one to which we can return.

On the payment of fines, there in legislation in place in that regard. The courts are working on the IT part and it will change the situation of individuals going into prison for the non-payment of fines. We have largely dealt with that issue.

To return to the question of support while on bail, the courts can impose bail conditions such as requiring a person to attend particular services. We are focusing increasingly on community service.

Deputy Jonathan O'Brien made the point that human rights were at the centre of this issue. I agree, but the bail laws already fully respect the rights of an accused person under the Constitution and the European Convention on Human Rights. The Bill enhances the laws on bail while fully respecting those rights which must be central. Every Member would agree with the Deputy on that point.

The Deputy also spoke about electronic tagging and monitoring. During the pre-legislative scrutiny of the Bill the justice committee expressed the view that the use of electronic monitoring was an acceptable alternative to pre-trial detention but recommended that it not be used excessively. That is the key point. The aim of the provision included in the Bill is that it will be used appropriately. It is worth noting that the Bill will limit the use of electronic monitoring to cases in which the prosecution applies for it.

Deputy Mattie McGrath spoke about the provision of free legal aid. The granting of such aid is a matter for the courts. There is a serious constitutional issue relating to the right to be represented. If a person was not represented, there would be no cases before the courts and it would be in contravention of every international right. I am, however, examining some elements of the scheme. Perhaps where it is proved that people have resources, they might make a further contribution. If, however, no free legal aid was to be given, many criminal prosecutions would be frustrated, something none of us would wish for either.

Deputies have concerns about different sections of the Bill. Deputy Jonathan O'Brien asked whether the inclusion of the provision in section 2 was meant to protect the offender or the safety of others.

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