Written answers

Tuesday, 5 November 2013

Department of Justice and Equality

Garda Operations

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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761. To ask the Minister for Justice and Equality the extent to which bail is restricted in situations where the applicant has a previous history of committing crime while on bail; and if he will make a statement on the matter. [46236/13]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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770. To ask the Minister for Justice and Equality the total number of accused deemed to have absconded while on bail in each of the past five years to date; the number recaptured; the number still at large; and if he will make a statement on the matter. [46245/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 761 and 770 together.

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. Section 2 of 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. Section 2(2)(d) provides that in exercising its jurisdiction under that section, a court shall take into account and may receive evidence or submissions concerning any conviction of the accused person for an offence committed while he or she was on bail. In addition, section 6 of that Act, as amended by section 9 of the Criminal Justice Act 2007, provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail.

I am conscious of public concern about the extent to which offences continue to be committed by persons on bail. I share that concern and 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. Accordingly, 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. In the context of that modernisation of the law, I will be seeking to restructure the law so that it has a focus on the protection of the individual and of the public. The intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.

Insofar as the enforcement of bench warrants is concerned, including those which issue where a person on bail fails to attend in court, An Garda Síochána take all possible action to ensure that such persons are located as quickly as possible, having regard to all of the relevant circumstances. In relation to the statistical information sought by the Deputy, the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide relevant statistics in relation to breaches of bail directly to the Deputy. I am advised by the Garda authorities that the compilation of the other information sought by the Deputy would require a disproportionate amount of Garda time and resources.

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