Brian O'Shea (Waterford, Labour)
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Question 82: To ask the Minister for Justice and Law Reform if his attention has been drawn to recent statistics released by the Central Statistics Office which showed a very significant number of offences committed by persons on bail in the past three and a half years, including 33 murders; if he is satisfied with the current operation of the bail laws in view of these figures; and if he will make a statement on the matter. [43000/10]

Dermot Ahern (Louth, Fianna Fail)
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The number of offences where the suspected offender is on bail is a matter of concern. 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 statistics compiled by the Central Statistics Office indicate that in 2009 there was a reduction of 7% in the number of offences recorded where the suspected offender was on bail, compared with the previous year.

Late last year, I obtained Government approval to commence work on a new Bail Bill. The Bill will restate and consolidate bail law. In addition, a number of matters to improve the operation of the law are being examined. These include:

(a) providing that the courts must have regard to the nature and seriousness of any danger to any person or the public posed by the release of the accused person on bail;

(b) creating presumptions that bail should be refused for people charged with certain types of serious crime. In view of restrictions resulting from the European Convention on Human Rights, such presumptions would act as a form of guidance to the courts in identifying those who present unacceptable risks of committing serious offences if granted bail; and

(c) extending the powers of the courts to refuse bail where that is necessary to prevent the commission of further offences to include more minor offences which fall below the current level of seriousness required by the Bail Act 1997. I hope to be in a position to bring proposals to Government before the beginning of the next Dáil session.