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

Amendment No. 2 deletes the power for the Garda to arrest without warrant a person on bail who is about to contravene any of the conditions of his or her recognisance. However, consider the circumstances where a victim is in fear of violence from an accused person and that person is prohibited from contacting the victim as a condition of his or her bail. If the accused person pulls up outside the victim's house or approaches the victim in any place, the victim should not have to wait for the accused person to make contact, which may be threatening or violent, before the Garda can intervene. The power of arrest provided in this provision has been carefully considered. It is very limited in nature. A person may only be arrested without warrant where a garda reasonably suspects that the person is about to breach a condition of his or her bail and the immediate arrest is necessary to prevent harm to or interference with the victim, another witness or a person that the court has specifically tried to protect.

I believe the provision is reasonable, and it is necessary to allow a member of the Garda to intervene in such circumstances and consequently, I am not accepting the amendment.

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