Billy Timmins (Wicklow, Fine Gael)
Link to this: Individually | In context

Question 422: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of occasions the State opposed the granting of bail to the 23 individuals who were granted bail and were investigated as part of operation Anvil; and if he will make a statement on the matter. [2440/07]

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Question 464: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if, in regard to statements he made in which he referred to 24 associates of a deceased criminal having been arrested and 23 of them being granted bail despite objections from the Gardaí, he will list the cases he was referring to; if he will confirm that the Gardaí objected to bail in all cases; if not, the number of cases in which they objected to bail; the offences with which people were charged in each case; the number of such cases where bail was initially refused but then granted by a higher Court; and if he will make a statement on the matter. [2904/07]

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Question 465: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he has received correspondence from the Chief Justice in regard to statements he made in which he referred to 24 associates of a deceased criminal having been arrested and 23 of them being granted bail despite objections from the Gardaí; if he has replied to such correspondence; and if he will make a statement on the matter. [2905/07]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 422, 464 and 465 together.

The House will appreciate that the granting of bail is a matter for the courts and that the Director of Public Prosecutions, who is, of course, independent in the performance of his functions, is the State for the purposes of dealing with such applications. Moreover, it would not be appropriate for me to comment on the circumstances in which bail may have been granted or, indeed, refused in particular cases.

What I can confirm is that I have been made aware by the Garda authorities that in a significant number of cases involving operations they have launched against gun and drugs crime bail has been granted despite Garda objections. I am in no way impugning either the independence or the decisions of the courts in saying that I remain concerned that the Constitutional amendment which allows for the refusal of bail where it is reasonably considered necessary to prevent the commission of serious offences is not operating in practice as effectively as we would wish. It is against that background that I intend, insofar as a legislative response is required, to bring forward proposals shortly.

It would not be appropriate to put into the public domain details of any communications by me or my Department with the Chief Justice or his Office about such matters.