Martin Conway (Fine Gael) | Oireachtas source

I join with my colleagues in welcoming the Tánaiste to the House. She is a regular visitor here to introduce forward-thinking legislation. I find myself in the position of agreeing with my colleagues, Senators Paul Daly and McDowell. That is not unique because, unlike elsewhere, it often happens in this House. We are fortunate to have the current Tánaiste and Minister for Justice and Equality and the former Tánaiste and Minister for Justice, Equality and Law Reform in the House with their collective wisdom and experience in this area. I find myself agreeing strongly with Senator McDowell on the issue of delayed justice. It is often said that delayed justice is not justice at all. Our court system tends to be clogged up, and it and our justice system tend to take longer than probably would have been the case when Senator McDowell was called to the Bar, however many years ago that was. That is a symptom of lack of resources, the recession and various challenges, difficulties and complexities. This has all led to cases being delayed and taking much longer to deal with. The Cathaoirleach, with his eminent and significant legal background, would probably subscribe to those views as well.

This legislation is welcome and I cannot see why anybody would have a problem with it. There are challenges with regard to the electronic element of it. The cost implications are also significant, difficult and challenging. Bail legislation constantly evolves. If we are fortunate enough to be here in the coming years, we will find ourselves constantly changing and updating this legislation, not just to do the right thing but also to reflect the times in which we live. What would have been relevant a decade is certainly not relevant today and what is relevant today will certainly not be relevant in a decade. We will be constantly reviewing and updating this legislation, which will evolve on a continuous basis. I am sure that if Senator McDowell had his time as Minister for Justice, Equality and Law Reform, between 2002 and 2007, back again he would probably, on reflection, do things quite differently. I am sure that An Tánaiste will look back in ten years' time and say that she would have done things differently also. All a Minister can do, however, is deal with the set of circumstances before him or her at a specific time, take advice from the Attorney General and senior officials in his or her Department and present legislation which takes account of the relevant concerns and which is balanced in terms of reflecting people's liberty and so forth.

Senator McDowell is correct in noting that we have very liberal bail laws in the country. Other countries' bail laws are certainly not at all as liberal as ours but cases are dealt with much more quickly in those jurisdictions. It is a constant balancing act to try to do the right thing, to be fair to everybody and to allow natural justice to prevail across all categories. On balance, the legislation before us is extremely welcome. Do I believe it will be changed as time goes on? The fact is that it was altered in Dáil Éireann when it was debated there. The legislation was enhanced as a result of the changes made in the Lower House. The Bill is welcome but it is a work in progress. It will always, in essence, be a work in progress. I am glad, however, that there is unanimous acceptance that this particular work in progress is positive, that it strikes the right balance and that it is incumbent on us to pass it.