Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank Deputy Grealish for raising this matter because it is extremely important for people to have a genuine sense of security and a feeling of safety in their communities and homes. It is a priority for the Government and the Minister for Justice. We are striving to provide that safety by engaging with communities, reducing crime, tackling recidivism and supporting victims.

I am aware of recent media coverage relating to the operation of the bail system. The Deputy knows the decision to grant bail in a particular case is a matter for the presiding judge, who is independent in the exercise of his or her judicial functions. It is also important to be clear there is a constitutional presumption in favour of bail as a person is presumed innocent until proven guilty. Notwithstanding that, it is open to judges, under section 2 of the Bail Act 1997, to refuse bail for a serious offence where it is reasonably considered necessary to prevent the committing of a serious offence. That provision has been strengthened several times and most recently in the Criminal Justice Act 2017, which was introduced following a review of the operation of the bail laws.

In the justice plan of 2021, the overriding imperative of the prisons policy through a penal reform action plan will be to develop policies that support reductions in the rate of reoffending, helping to reintegrate safely back into their communities those who have committed crimes.

I will discuss the matters raised by the Deputy about the numbers of offenders committing crimes while out on bail with the Minister for Justice. There are two elements in the matter. We must tackle repeat offending in general and there is also the question outlined by the Deputy regarding the operation of the bail system. The Minister for Justice and the Minister of State, Deputy James Browne, are prioritising the area of reoffending and the penal reform action plan, particularly as it applies to young people and engagement with those people. A number of initiatives are on the way to try to break the cycle of reoffending, which is an important aspect to this. The joint agency response to crime initiative is a multi-agency response to the supervision and rehabilitation of prolific offenders, and there is a number of rehabilitation and reintegration-focused programmes for prisoners pre and post release from custody.

We understand certain offenders have relatively high risks of offending while on bail. Again, it is a matter for a trial judge to determine whether bail should be granted by weighing up factors in each case. The Government will take further measures to increase access to addiction treatment, education and employment opportunities. There will be increased use of community-funded organisations.

I will continue to engage with the Minister on the operation of the bail system. The constitutional matters around that and the presumption in favour of granting bail cannot be understated. Under the 2017 Act, the court is required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the granting of bail to a person charged with an offence that carries a penalty of ten years of imprisonment or more.

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