Jim O'Keeffe (Cork South West, Fine Gael)
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Question 412: To ask the Minister for Justice, Equality and Law Reform if he will provide the information requested in Question No. 1171 of 25 January 2006. [7895/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that in 2004, 5,306 headline offences were committed by persons on bail; the corresponding figure for 2005 was 5,456. The following table shows the number of homicide, rape, other sexual assault and drug offences committed by persons on bail and proceedings commenced in 2004. Other than the number of manslaughters and murders committed by persons on bail, the corresponding figures for 2005 are not available. These figures are being compiled and I will be in touch with the Deputy when they are available. Comparable statistics for the years prior to 2004 are not readily available and would require a disproportionate expenditure of Garda time and resources to compile.

The Garda Commissioner 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. 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. 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.

Regarding bail in general, 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 temporary release now is approximately 2.3%. While it is disturbing that offences are committed by persons on bail, the offence for which the person received bail may be a minor one. Our legislative provisions for the granting of bail are very stringent. The 16th 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.

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.