Written answers

Thursday, 1 December 2011

Department of Justice, Equality and Defence

Proposed Legislation

5:00 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Question 17: To ask the Minister for Justice and Equality the date on which he will publish legislation to consolidate and update the law on bail; the date on which he will provide guidance to the courts on bail in order to reduce the numbers of remand committals; and if he will make a statement on the matter. [37922/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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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 provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited. Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses. The Bail Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution, provides for the refusal of bail 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. I am conscious of public concern about the extent to which offences continue to be committed by people on bail. I share that concern. I believe the bail law must be continually reviewed to ensure all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by people on bail. Accordingly, my Department has been engaged in work to consolidate and update the bail law with a view to presenting a clear, accessible and modern statement of the law. The proposed legislation is being drawn up to operate within the Constitution and European Convention on Human Rights. It will also have a focus on the protection of the individual and of the public. My intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I am also taking the opportunity to introduce some general improvements to bail law to improve the overall working of the bail system. I will bring proposals to the Government on the matter shortly.

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