Noel Coonan (Tipperary North, Fine Gael)
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Question 62: To ask the Minister for Justice, Equality and Law Reform his views on offences committed by persons on bail; and if he will make a statement on the matter. [7698/09]

Dermot Ahern (Louth, Fianna Fail)
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A decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty. The bail referendum in 1996 allows for bail to be refused where a person is charged with a serious offence and where refusal is reasonably considered necessary to prevent the commission of a serious offence by the person.

The independent DPP represents the State for the purpose of dealing with bail applications. The Gardaí can object to bail being granted. In addition, a Superintendent may give his opinion that he or she believes that refusal is necessary to prevent the commission by the person of a serious offence. 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.

The law already takes a serious view of offences committed by persons on bail. The commission of any offence while on bail carries the prospect of a harsher sentence than might otherwise be imposed had the offence not been committed while the offender was on bail. Section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed while he or she was on bail shall be consecutive on any sentence passed on him for a previous offence. It further provides, following the Bail Act 1997, that where the consecutive provisions apply and the court is determining the appropriate sentence to impose for an offence committed while on bail, the fact that the offence was committed while on bail must be treated as an aggravating factor. Accordingly, the court must impose a sentence that is greater than that which it would have imposed in the absence of such an aggravating factor. The only exceptions are where the sentence for the previous offence is life imprisonment or where the court considers that there are exceptional circumstances to justify not doing so.

The people, in the bail referendum, and the Oireachtas have made clear their determination to tackle abuses of bail. My Department is keeping under review what is actually happening and whether anything more needs to be done. We will be looking in particular at whether the changes in the Criminal Justice Act 2007 Act are bringing about an improvement in the situation. The Government is determined to take any measures that are necessary and practical to deal with this situation. That would not ultimately exclude putting the matter before the people again, though there would have been a view that the 1996 amendment to the Constitution would be sufficient to address this problem; and we would have to be satisfied that no other options remained before we went down that road.

The Criminal Justice Act 2007 contains provisions in regard to electronic tagging, and there are complex issues surrounding bringing them into force, including cost effectiveness and developments in technology. I have established a Project Board, led by the Probation Service, to look at the implementation of electronic monitoring in this jurisdiction. However, there is a possibility that if tagging was available it could actually lead to an increase in the number of persons being granted bail by the courts, who might be persuaded that it would be safe to release certain persons on bail if they were tagged, and who they would otherwise detain in custody.

Tommy Broughan (Dublin North East, Labour)
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Question 63: To ask the Minister for Justice, Equality and Law Reform his views on the opinion expressed by the Garda Commissioner (details supplied) that Ireland is becoming a more violent place; the steps he plans to take to counter this trend; and if he will make a statement on the matter. [7583/09]

Dermot Ahern (Louth, Fianna Fail)
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The most recent crime statistics released by the CSO, in respect of 2008, show a number of encouraging trends. There was a decrease of 42.9% in the number of homicide offences, which includes a decrease of 36.4% in murder and of 57.1% in manslaughter. Aggravated sexual assault decreased by 33.3% and assault causing harm by 2.2%. Nevertheless the number of violent crimes committed remains a matter of concern.

The Garda Policing Plan for 2009, which reflects the priorities set for the Force by me as Minister for Justice, Equality and Law Reform, contains a series of measures aimed at reducing the impact of crime and criminal behaviour. These goals are backed up by strategic actions which include a commitment to continue and intensify intelligence-led operations against groups and individuals engaged in criminality. An Garda Síochána, in accordance with the priorities I have set out, is committed to targeting violent crime and those who engage or facilitate persons involved in such activity.

Operation Anvil commenced in the Dublin Metropolitan Region in 2005 to deal with serious crime, including murder and other violent crime, and was extended nationwide in 2006. The primary focus of the Operation is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt patrolling and static checkpoints by uniform, mobile and foot patrols, supported by armed plain clothes patrols.

Under Operation Anvil, up to 8 February, 2009, 1,239 firearms have been recovered in Dublin and 1,092 in the rest of the country. There have also been over 7,000 arrests for serious crimes such as murder, serious assault, robbery and burglary and 70,000 searches for weapons, drugs and stolen goods. In this way, the Gardaí will continue to address the issue of illegal guns relentlessly. Though legislation on the use of knives and similar weapons is already very strong and heavy penalties are already in place, I am moving to strengthen the law in this area. In that context, I sought and received proposals from the Garda Commissioner on strengthening the law on knife crime. These include:

increasing the penalties for possessing a knife in a public place;

creating an extended power of search without warrant in certain circumstances; and

the introduction of a prohibition in relation to swords.

I have accepted these proposals, and they will be included in the forthcoming Criminal Justice (Miscellaneous Provisions) Bill. Drafting of the Bill is now almost completed, and the Government have agreed to treat it as a priority measure for this Dáil session.

On 5 February, the Garda Commissioner and I launched a Knife Awareness Campaign by An Garda Síochána with the objective of informing and educating young people on the dangers of carrying knives and with the aim of reducing the number of incidents of knife crime. In addition to these measures, I have directed the drafting of a new Firearms and Offensive Weapons Order which will deal with the issue of swords. In particular I will be banning the sale of samurai swords.

Since my appointment as Minister, I have expressed concern at the number of handguns which have been licensed here in recent years. Some time ago, I directed my Department and An Garda Síochána to carry out an urgent and intensive review of the firearms law. Following that review, I have brought forward proposals which include no new licenses being issued for handguns, subject to limited exceptions in relation to Olympic sports. Existing licenses will not be renewed unless applicants fully meet the requirements of a radically tightened licensing procedure where the safety of the community will be paramount. While a de facto ban on new handgun licences is already in place, my proposals will also be given legislative form in the Criminal Justice (Miscellaneous Provisions) Bill. That Bill will also tackle comprehensively the issue of airsoft guns, including making their possession in public a serious offence.

On 26 January, the Garda Commissioner and I launched a new National Model of Community Policing. The Model builds on the success of existing good community policing practice within Ireland and aims to foster collaborative partnerships between An Garda Síochána and community members. Alongside the specialist operations such as Operation Anvil, a comprehensive model of community policing ensures that enforcement will not only be employed to reduce crime but also to reduce the fear of crime and ensure a better quality of community life for all.

At a time when the public finances are under pressure, I am determined that top priority will continue to be given to frontline policing. Funding for Operation Anvil will increase in 2009 from €20 million to €21 million to enable it to continue with targeted disruption of serious and organised criminal activity. Other key operations will be maintained through 2009, and any savings that have to be made will not be allowed to diminish frontline policing.