Dara Calleary (Mayo, Fianna Fail)
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Question 33: To ask the Minister for Justice and Equality his response to the latest statistics regarding offences committed by persons released on bail; and if he will make a statement on the matter. [11946/11]

Alan Shatter (Dublin South, Fine Gael)
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I am conscious of public concern about the extent to which offences continue to be committed by persons on bail. I share that concern. Our bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail. In doing this, we have to take account of the restrictions which exist from the provisions of our Constitution and the European Convention on Human Rights on the extent to which the right to bail can be limited.

My Department is engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of that modernisation of the law, I will seek to restructure the law so that it has a focus on the protection of the individual and the protection of the public. My intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I also take the opportunity to introduce some general improvements to bail law to improve the overall working of the bail system. In the coming weeks, I will bring proposals to Government on the matter. In bringing forward my proposals, I have to be conscious of the likely effect on prison accommodation, which, as the Deputy will appreciate, is under severe pressure.

Dara Calleary (Mayo, Fianna Fail)
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I welcome the Minister's commitment on bringing forward new proposals and I am conscious of the difficulties that arise in respect of prison accommodation. I will focus on the serious offences that have been committed, although I do not want to fall into the argument taking place across the water because every offence is serious. In planning prison accommodation, consideration should be given to restricting bail for the offences of murder, manslaughter, sexual assault and personal assault or where the possibility arises of witnesses being intimidated. The murder of a relation, sibling or spouse is already a dreadful experience but if the offender is supposed to be in custody for another offence it must appear to the relatives that the State has failed in its duty of protection. It is very difficult to justify a murder by somebody who should be in the custody of the State.

If the bail laws are being reviewed, perhaps consideration could also be given to the guidance offered to judges and the Prison Service. What level of co-ordination exists between the Courts Service and the Prison Service in regard to the number of spaces available in prisons when sentences are imposed? Co-ordination is needed on the number of daily vacancies in prisons if we are to tighten up this issue.

Alan Shatter (Dublin South, Fine Gael)
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There are not what I would describe as daily vacancies in the prisons. The reality is that our prisons are severely overcrowded. It is a matter of great concern to me that such is the case. It is a consequence of appallingly bad planning by the previous Government over a period of 14 years, which has created the anomaly that approximately 15% of those who should be serving prison sentences are currently on temporary release. I agree with the Deputy regarding the circumstances that require the courts to be very cautious in granting bail and trying to avoid, in so far as it is ever possible to do, circumstances in which someone who is granted bail commits a serious crime, be that murder or another offence.

The proposal in the Bill, on which considerable work has been undertaken, provides that the courts must have regard to the nature and seriousness of the danger to any person or the public posed by the release on bail of an accused person and the persistent nature of offending by an applicant for bail. If someone is a continuous offender it is of particular importance that he or she is not given repeated grants of bail that allow him or her to re-offend. I am particularly conscious that there is a problem in this area. There will be guidance for the courts as to the circumstances generally in which bail should be refused for people charged with certain types of serious crime, essentially, offences punishable by 15 years imprisonment or more. Such offences include murder, manslaughter, drug trafficking, organised crime and rape, as well as certain offences in the white collar area to which this should perhaps also apply.

Detailed consideration is being given to the matter and I reiterate that we have to be careful to ensure we that approach it in a manner which does not result in us being in violation of the European Convention on Human Rights. Our primary concern is to ensure that while preserving the principle that people are innocent until they are found guilty, we also protect the general public and potential victims of crime from those who have already been charged with an offence and whose history makes it clear they pose a real and present danger to the public.