Finian McGrath (Dublin North Central, Independent)
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425. To ask the Minister for Justice and Equality her views on correspondence (details supplied) regarding serial criminals and the bail procedure; and if she will make a statement on the matter. [11136/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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. There is a constitutional presumption in favour of bail because, 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 the accused person would be likely to abscond or interfere with witnesses or evidence. Section 2 of the Bail Act 1997, which gave effect to the Sixteenth Amendment of the Constitution, permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person. A “serious offence” is an offence listed in the Schedule to the Bail Act that is punishable by at least five years imprisonment.

Section 11 of the Criminal Justice 1984 as amended by section 22 of the Criminal Justice Act 2007 provides that any sentence of imprisonment for an offence committed while on bail shall be consecutive but if imposed in the District Court the aggregate term of imprisonment shall not exceed two years.

As regards reform of the bail laws, I can inform the Deputy that the drafting of the General Scheme of a Bail Bill to modernise the law on bail is at an advanced stage in my Department. I intend to bring proposals to Government on the matter in the near future.

I am conscious of public concern about the extent to which offences are 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. While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I am taking the opportunity in this legislation to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, 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.