Dáil debates

Wednesday, 30 April 2014

4:25 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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8. To ask the Minister for Justice and Equality the extent of the progress to date in preparation of legislation to amend the law in respect of bail with particular reference to the need to ensure the eliminating of situations whereby persons reoffend while on bail; and if he will make a statement on the matter. [19272/14]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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This question relates to the need to update the legislation appertaining to the availability of bail, which is predicated on a judicial decision from the 1960s. I ask whether preparations are in hand, or are likely to be put in place in the near future, to bring amending legislation before the House.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The drafting of the general scheme of a bail Bill to modernise the law on bail is at an advanced stage in my Department. I intend to bring proposals to Government on the matter in the first half of this year, if possible, having regard to other legislative priorities. It has unfortunately not been possible to progress this legislation as quickly as I had hoped due to other legislative imperatives.

A decision to grant bail in a particular case is a matter for the courts which are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. There is a constitutional presumption in favour of bail because in the eyes of the law a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited. Of particular importance is section 2 of the Bail Act 1997, which gave effect to the Sixteenth Amendment to the Constitution and provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. In exercising its jurisdiction under section 2 of the Act, a court is required to take into account any conviction of the accused person for an offence committed while he or she was on bail. In addition, section 6 of the Act provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail.

I am conscious of public concern about the extent to which offences are committed by persons on bail. I share that concern and believe that 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. While the primary aim of the proposed bail Bill is to consolidate and update bail law, I am taking the opportunity in this legislation to seek, as far as is possible within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to restructure the law so that it has a focus on the protection of the individual and of the public. The intention is that the new proposals will provide better guidance to the courts on how such protection might be provided.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I thank the Minister for his reply. Does he accept there is general concern about the adequacy of bail laws to do the job for which they were intended, particularly in the context of modern crime and the degree to which organised criminals appear to be able to circumnavigate the bail laws? Is his Department concerned about the degree to which people who are on bail have managed to reoffend, in some cases more than twice?

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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To give the Deputy a straight answer to his final question, there is concern within my Department. I have concerns about the number of occasions on which some individuals find themselves before the courts while they are on bail pending the hearing of their cases. There are individuals who commit a series of offences between the time they are first charged and granted bail and when they are finally prosecuted. The courts have within their armoury mechanisms for dealing with that issue because it is also frequently the case that subsequent prosecutions are initiated against individuals who have offended while on bail prior to their first charge being determined. The courts have within their armoury the possibility of imposing consecutive sentences rather than concurrent sentences. This is a matter for judicial discretion. The courts are independent in the manner in which they approach these issues. Some people take the view that if the Judiciary used the option of consecutive sentencing more frequently where individuals commit offences while on bail, it might reduce the incentive for some individuals to continue to offend. However, that is a matter for the courts and the Judiciary, which is independent in making these decisions. It is a matter for judges to consider when dealing with individual cases involving a multiplicity of prosecutions against individuals who have committed alleged offences while in the community on bail.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I ask the Minister whether it might be concluded that bail should not be made available in certain circumstances, particularly where the history of a case indicates an abuse of the bail system.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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There are certain restraints under the Constitution and the European Convention on Human Rights. The fact that someone has previously abused his or her position while on bail, as I understand it, cannot under our constitutional system and the European Court of Human Rights lead a court automatically to the conclusion that he or she should be automatically denied bail if charged at a later stage because it is assumed he or she would again offend while on bail. We are examining the bail laws with a view to deciding what we can do within the constitutional parameters and the jurisprudence of the European Court of Human Rights to ensure those who offend while on bail are not given an incentive at a later stage, should they be criminally prosecuted, to commit a series of offences on being granted bail a second time. However, there are constitutional and human rights constraints in these areas and there is a narrow dividing line along which we can operate. I hope we will be able to address some of these issues in a satisfactory way when the new Bill is published.

Written Answers follow Adjournment.