Bernard Durkan (Kildare North, Fine Gael)
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Question 343: To ask the Minister for Justice, Equality and Law Reform if it is common practice for members of organised criminal gangs to obtain bail even in respect of subsequent offences while on bail; and if he will make a statement on the matter. [21408/08]

Dermot Ahern (Louth, Fianna Fail)
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I can assure the Deputy that the Government has monitored the operation of the bail laws and made them more stringent where this has proved necessary. The Sixteenth Amendment to the Constitution allows for bail to be refused 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 this Amendment and also tightened up the bail regime generally. One of the provisions of this Act is that an offence committed while on bail is to be treated as an aggravating factor when sentence is being imposed by the Courts. Since 1984, a sentence imposed for an offence committed while on bail is to run consecutive to a sentence for a previous offence.

New powers were introduced by the Criminal Justice Act 2007 including a requirement that applicants for bail may have to provide a statement of their means, their previous criminal record and details of any offences committed while previously on bail. Part 3 of this Act also provides that a Garda Superintendent may give an opinion that bail should be refused on the grounds that the applicant is likely to commit a serious offence if granted bail. The prosecution authorities were also given the right to appeal against decisions to grant bail or, where it is granted, the conditions attaching to it.

I am keeping all aspects of the operation of our bail laws under review.