Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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To ask the Minister for Justice and Equality if he will provide an update on the reform of the bail laws; if he will clarify his previous statements that he plans to restructure the law in order that it has a focus on the protection of the individual and of the public; his views that too many persons are remanded in custody for minor offences in contravention of the Bail Act 1997; and if he will make a statement on the matter. [14617/13]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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To ask the Minister for Justice and Equality if he plans to develop bail supports and services in the community as part of his bail reform proposals to improve compliance with bail conditions and thereby reduce the need for remanding people, especially vulnerable women and children in custody for low level offences, where they pose little risk to the community; and if he will make a statement on the matter. [14618/13]

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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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. [14619/13]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 205 to 207, inclusive, together.

I have previously stated that my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. My intention is to ensure that bail law is clear on its face to all interested parties including the public, the courts and practitioners. I also believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail.

The review is of course subject to constitutional and European Convention of Human Rights requirements in relation to the right to liberty. The provisions of the European Convention on Human Rights restrict the extent to which the right to bail can be limited. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty.

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.

The review includes examination of the extent to which bail provisions can be stated in a way that emphasises the object of protection against the commission of serious offences by persons who have been charged with serious offences.

The Deputy will be aware that 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. It would be inappropriate for me to comment on decisions taken by a court in relation to any bail applications. It is of course open to any person who believes that he or she has been incorrectly refused bail in the District Court in respect of a minor offence to apply for bail to the High Court.

There are no plans to develop bail supports and services in the community as part of bail reform.

I will bring my proposals to Government in relation to new bail legislation as soon as possible, having regard to other legislative priorities.