Jim O'Keeffe (Cork South West, Fine Gael)
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Question 42: To ask the Minister for Justice, Equality and Law Reform the details of the assessment of the bail procedures introduced in the Criminal Justice Act 2007; his views on whether further amendments to the operation of the bail system are required; and if he will make a statement on the matter. [40061/08]

Bernard Durkan (Kildare North, Fine Gael)
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Question 57: To ask the Minister for Justice, Equality and Law Reform the steps he proposes to take, legislatively or otherwise, to ensue that no person charged with such serious crimes as murder, rape, grievous bodily harm or any form of gun crime are granted bail by the Courts in cases were the Garda Síochána express concerns that they will re-offend or intimidate witnesses, thereby frustrating the administration of justice and the prevention of crime and with obvious consequences for the safety of the public; and if he will make a statement on the matter. [40340/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 42 and 57 together.

The law already takes a serious view of offences committed by persons on bail. The Criminal Justice Act, 1984 provides for mandatory consecutive sentences to apply where a person is convicted of an offence committed while on bail. In addition, the law provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.

The Criminal Justice Act 2007 amended the 1997 Act and other statutes governing the law on bail with the aim of facilitating a stronger challenge by the prosecution to applications for bail by persons charged with serious offences and of further improving decision-making by the courts.

The stringent provisions include 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. The 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 are also given the right to appeal against decisions to grant bail or, where it is granted, the conditions attaching to it.

Interference with witnesses is a long established ground for the denial of bail. Every criminal case where the Garda Síochána considers the possibility of intimidation of civilian witnesses may be an issue is closely monitored throughout the investigation, up to and including any criminal proceedings. In circumstances where the senior investigation officer has identified a witness who is crucial to the case and the evidence to be preferred is not available elsewhere and there is a serious threat to the life of the witness or their family, an application can be made, with the consent of the witness, to have him/her included in the Witness Security Programme.

Where a Garda investigation team becomes aware of any threat to, or intimidation of, witnesses or potential witnesses such incidents may be addressed through the trial judge, who may decide to revoke bail or put some other sanction on the suspect. The incident will be subject of thorough investigation by the Garda Síochána and an investigation file will be submitted to the Law Officers.

Where information comes into the possession of An Garda Síochána indicating the possibility of such criminal activity it is the subject of thorough investigation and an investigation file will be submitted to the Law Officers. Where there is justification and a legal basis, those suspected of involvement in the criminal activity are arrested, detained and questioned in relation to specific crime. The series of new provisions included in the Criminal Justice Act, 2007 designed to tighten up on the granting of bail have been in operation for just 15 months.

An Agreed Programme for Government includes a commitment to conduct a formal annual review of the new measures in relation to bail introduced in the Criminal Justice Act 2007. The issue of establishing a formal review mechanism will be addressed at the appropriate stage.