Maureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

This is an interesting Bill. I note that if it is enacted, it will allow the application of the principle of mutual recognition concerning decisions on supervision measures as an alternative to provisional detention. It will allow those accused of an offence in Ireland and released on bail to be monitored in their country of ordinary residence. The whole procedure is set out for this to be monitored in Ireland when a person has been released on bail in another EU member state. The legislation is practical and reasonable in the name of due diligence and fairness.

That is particularly the case when one considers the principle of being innocent until proven otherwise. This common-sense approach is to be welcomed. We know that when someone is accused of a crime, that is not a judgment but an accusation. Anybody can be in the wrong place at the wrong time, be implicated by circumstances or be wrongly accused of a crime before he or she reaches a courtroom. In this country, we know full well the injustice of wrongful convictions and people being wrongly accused. We have the famous and sad examples of the Birmingham Six and the Guildford Four. We also have many examples from the North of Ireland, where men, in particular, have had their licences revoked. They have been kept in prison on remand for anything from one to three years. Finally, they appear before the parole commissioners and are released. The time those people have lost has been lost to them and their loved ones for ever. That is also the case regarding whatever job or business the people affected may have had before the licence was revoked and they were imprisoned. It is fair and proper that people on bail would have the support of their families and other networks. That is something that does not happen when a bail restriction limits the movement of a person from leaving the jurisdiction where he or she is accused of a crime.

The research points out that non-citizens are often subject to pretrial detention in circumstances where citizens would not be. That again emphasises the need for legislation such as this to level the playing field, where bail can be decided by merit rather than geography or the likelihood of flight. As the Minister mentioned, the presumption of innocence is a cornerstone of our criminal justice system. This measure will ensure that a person charged with an offence in another member state will not suffer a disproportionate interference in his or her life before facing trial on those charges.

As Deputy Martin Kenny mentioned, this is apt legislation given the situation currently faced by Ken Mayers and Taraf Kauff. They are both retired US military men. One is 77 years old and the other is 82 years old. Their only crime was to stand up for peace and Irish neutrality. Like other Deputies, I have met the two men on several occasions. Due to their bail conditions, these whistleblowers are being punished before trial. They were trying to show Ireland's complicity in US war crimes via the use of Shannon Airport by the US military. The bail conditions for the two men include not being allowed to return to the United States before their trial. There is no date for that trial, if there is ever going to be one. It could, however, be up to two years from now if it were to happen. We have a prime example of disproportionate interference in lives before trial. These two elderly men are stuck in Ireland, away from their families, coming up to Christmas. They are war veterans and I would have thought that their word would have been acceptable.

If they are allowed to go home, the two men have been clear that they will return for trial. One man was a Marine Corps major and the other a US Army paratrooper. These men are peace activists. I am aware that this is a legal matter and is before the courts. We cannot interfere. It is good, however, that this debate provides an opportunity to highlight the unfairness of this situation. The bail conditions for the two men are very harsh. They have not been accused of murder or rape or physical assault. They have simply been arrested for opposing US wars and defending Irish neutrality, with which the majority of Irish people agreed. I welcome this Bill. It is a fair and practical approach, and it would be good to see that it can be applied to these two US military veterans.

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