Written answers
Tuesday, 14 February 2017
Department of Justice and Equality
Legislative Measures
Billy Kelleher (Cork North Central, Fianna Fail)
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106. To ask the Minister for Justice and Equality the heads of the general scheme of the Bail Bill published in July 2015 that have not been incorporated in the Bail (Amendment) Bill 2016, in tabular form; and the reason for their exclusion. [7076/17]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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A comprehensive Bill to consolidate the law on bail has been under preparation for some time, with the General Scheme approved by the then Government in 2015. It became clear, however, that it would require considerable time for drafting of the Bill to be completed. The Bail (Amendment) Bill 2016 extracts those sections from the General Scheme which relate to the commitments in the Programme for Government aimed at strengthening our bail system and making the law as effective as possible in protecting the public against crimes committed by persons on bail. The larger consolidation Bill can be returned to when other priorities permit.
The following table sets out the Heads of the General Scheme not included in the Bail (Amendment) Bill 2016.
| Head | Reason not included |
|---|---|
| Head 3 | No regulations are necessary in respect of the provisions included in the Bill. |
| Head 4 | No repeals required in respect of the provisions included in the Bill. |
| Heads 5-10, 12, 15, 17, 19-23, 25, 29, 31 and 38-41 | Restate and update existing law, more appropriate to a consolidation Bill. |
| Heads 13 and 14 | Restate and update existing law in line with recent court judgments, more appropriate to a consolidation Bill. |
| Head 24 | Restates existing law in respect of the release on bail by members of an Garda Síochána and provides for the attachment of conditions to such bail. The Head does not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
| Head 26 | Places existing law, as specified by the court in the O'Callaghan judgment, on a statutory footing. More appropriate to a consolidation Bill. |
| Head 30 | Provides for proof of foreign convictions in bail proceedings. Ireland exchanges information on convictions with other countries based on the EU ECRIS Framework Decision and common law. A new EU ECRIS Directive is under negotiation and it is advisable to await agreement on this Directive before proceeding with the Head. |
| Head 32 | Definitions not necessary in respect of the provisions included in the Bill. |
| Heads 33 and 34 | Provide statutory guidance to courts in the exercise of existing powers relating to the granting of post conviction bail. The Heads do not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
| Head 36 | Provides a District Court with the power to grant or refuse bail where a sentence of imprisonment imposed by that court is being appealed to the Circuit Court. The Head does not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
| Head 37 | Clarifies existing law, as set out by the courts, on the circumstances in which the Court of Appeal may grant bail. The Head does not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
| Head 42 | Extends existing jurisdiction of the Special Criminal Court to grant bail post-conviction. The Head does not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
| Head 43 | Only required to ensure consistency with Head 24 which has not been included in the Bill. |
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