John Curran (Dublin Mid West, Fianna Fail)

I thank Senators Regan, MacDonald, Bacik, Walsh, de Búrca and Mullen for their contributions to Second Stage on this technical but important Bill. I acknowledge the support expressed on all sides for the Bill. While a number of issues raised by Senators can be more thoroughly addressed on Committee Stage, I wish to respond in a more general way.

The provision on bail recognisance is intended to avoid interruptions to the flow of business. It allows for situations where people require short extensions of time to make their bail arrangements. Take BB

It extends to the District Court clerk the power to take the bail recognisance, which means the party would not have to return to interrupt the court, in other words, the procedure could be completed administratively in a back office.

I will not address all of the points raised by Senator Bacik. On the issue of victims, about which she spoke in detail, the physical environment for victims going to court will be significantly improved, which is important. The Senator also referred to custody standards. These standards depend on the status of the detained, by which is meant that if a person is detained as a prisoner, he or she will be subject to the standards applying under the prison regulations, while a person in Garda custody will be subject to the Garda custody regulations.

The Senator also referred to the amendment tabled by Deputy Rabbitte on Committee Stage in the Dáil which was rejected because it referred to a prisoner being in the custody of a member of the Garda Síochána. This would never be the case as a prisoner may only be in the legal custody of a governor. I understand this explanation was accepted by Deputy Rabbitte.

Senator Bacik also asked about temporary custody. A time is not established in the Bill. Temporary custody only arises to facilitate a person's appearance in court. Once the court process is completed, the person detained will either be released on foot of a court order or returned to the person in whose custody he or she was originally. Equally, should the court hearing not proceed, the temporary custody will cease and the person will be returned to the original custody. As the Senator correctly noted, the Bill sets out clearly the start and end of temporary custody periods.