Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 261: To ask the Minister for Justice, Equality and Law Reform the number of members of organised criminal gangs currently on bail on foot of various charges; the extent to which bail has been granted more than once and the reason given; his plans or proposals to limit the availability of bail in such cases; and if he will make a statement on the matter. [27787/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I am informed by the Garda authorities that An Garda Síochána does not collate statistics on the basis of the roles which offenders may have, either as individuals or as group members, when participating in criminal activity. Statistics in relation to the granting of bail by the Courts is a matter for the Courts Service which is independent in the performance of its functions.

With regard to the matter of limiting the availability of bail in serious cases, the Government has recently introduced legislative measures concerning this issue. In this respect, the Deputy's attention should be drawn to part 2 of the Criminal Justice Act 2007 which represents an extensive updating of the law on bail. The most significant of the new provisions are designed to assist the Garda and the DPP in opposing bail applications in cases where the person is charged with a serious offence.

A new section 1A in the Bail Act 1997 (inserted by section 6 of the 2007 Act) provides that the applicant may be required to provide a statement setting out details of his or her occupation, the source of his or her income, details of property owned or controlled by him or her as well as details of any previous convictions for offences committed while on bail or any previous bail applications.

A new section 2A in the 1997 Act (inserted by section 7 of the 2007 Act) provides that a senior Garda (not below the rank of superintendent) may give evidence that he or she believes that refusal of the application is necessary in order to prevent the commission of a serious offence by the applicant. This is in addition to the grounds for refusal of an application for bail already set out in section 2 of the 1997 Act.

These provisions in the 2007 Act are in force, along with several other provisions that deal with a range of technical and administrative improvements to the bail system.

Finally, the Agreed Programme for Government contains a commitment to review the 2007 amendments to assess their impact and to determine what further steps, if any, are required. I propose to await that review before coming to any decisions on further amendments.