Emmet Stagg (Kildare North, Labour)
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Question 10: To ask the Minister for Justice, Equality and Law Reform the number of offences committed by those on bail and if he will make a statement on the matter. [3565/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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In relation to bail in general, I would point out to the Deputy that during the term of office of the rainbow coalition the number of prisoners on temporary release reached an all-time high of 20% at one stage. As a result of the action of this Government, this so-called revolving door system operated by the rainbow coalition has been stopped and the percentage of the prison population on temporay release now is approximately 2.3%.

The Garda Commissioner has for the first time provided statistics on headline offences committed by persons on bail in his 2004 annual report. I welcome the provision of this information as a contribution to public discussion. I would point out that with the passage of time, as Garda investigations into crimes committed progress, these figures will change with respect to 2004 and subsequent years as they become available. This is the result of offenders being identified and their status at the time of the offence being ascertained, that is, whether they were on bail or not at the time of the commission of the offence. The most recent figures are set out in tabular form on a table which I am circulating with this reply. This shows that in 2004, 5,306 headline offences were committed by persons on bail; the figure was 5,456 for 2005.

These figures require further examination. I have therefore requested the Garda authorities to provide as a matter of urgency a detailed breakdown of the statistics given in the annual report and to provide additional information. Among the matters on which I have requested further information are data on the offences for which the offenders were on bail when they committed the subsequent offence and how many have been convicted of that subsequent offence. I expect to receive the information requested shortly, when it will be examined in my Department. Depending on the outcome of that examination, further research into the figures may be warranted with a view to seeing whether action is required. However, I can make a number of preliminary points.

First, the statistics in the Commissioner's report classify offences committed while on bail under the ten headline crime groups under which the report's statistics are categorised. It is important to note that all offences in, for example, the homicide group are not the homicide offences of murder and manslaughter. The homicide group of headline offences also includes the offences of attempted murder, murder threats, infanticide, abortion and procuring or assisting in an abortion.

Second, the statistics may include persons who have not been convicted of the offences they are alleged to have committed, and this is one of the matters on which I have requested information from the Garda Síochána. The Commissioner's report gives the number of offences in the homicide group committed by persons on bail as 15 offences. Because of the passage of time which I have just mentioned, this figure is currently 20, as will be seen from the figures which I set out below. These 20 offences are made up of nine murders, one manslaughter and ten threats of murder. There were 37 murders and eight manslaughters in 2004 — a total of 45 offences. These murder and manslaughter cases therefore represent 22% of the total number of murders and manslaughters in the year. While this figure requires further investigation, it is less than the 33% which the figures might appear to indicate at first sight. I would also point out that the figure of offences in the homicide group regarded as being committed by persons on bail in 2005 is also 20. However, 17 of these were murder threats, with the remaining three being murders. There were 58 murders and manslaughters in 2005. Consequently, these three murders represent 5% of that figure. I might also point out that the Garda rules for regarding an offence as having been detected do not necessarily require that a person has been convicted for the offence.

I would also point out that, while it is disturbing that offences are committed by persons on bail, that offence for which the person received bail may be a minor one.

Our legislative provisions for the granting of bail are very stringent. The Sixteenth Amendment of the Constitution 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. The Bail Act 1997 gave effect to the amendment and tightened up the bail regime generally. Furthermore, the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed shall be consecutive on any sentence passed on him or her for a previous offence. The granting of bail in accordance with the Act, the amount of bail and sentencing are matters for the courts which are, subject only to the Constitution and the law, independent in the exercise of their judicial functions.