Noel Rock (Dublin North West, Fine Gael)
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168. To ask the Minister for Justice and Equality if she will review the conditions for bail for those convicted of sexual assault offences; and if she will make a statement on the matter. [14145/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I can assure the Deputy that as part of the Government's response to crime, one of our major objectives is to focus on the key area of strengthening the law to get tougher on serious and repeat offenders. In that context, I published the Bail (Amendment) Bill in December 2016, to provide for stricter bail terms for repeat serious offenders and to strengthen Garda powers to deal with breaches of bail.

As the Deputy will be aware, 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. Within that constitutional framework, and in accordance with the Programme for a Partnership Government, the new Bail Bill will improve the operation of the Bail system and make the law as effective as possible in protecting the public against crimes committed by persons on bail while also safeguarding the rights of the individual.

The new Bill specifically provides that the courts must have regard to persistent serious offending by an applicant for bail; it expands the conditions which a court may impose when granting bail, including a conditions requiring an accused person not to have contact with the victim of the alleged offence or any member of the victim’s family and the imposition of a curfew. The Bail Bill will also provide that electronic monitoring may be imposed as a bail condition if the prosecution applies to the court for that condition.

In addition, the Bill will give the Garda Síochána new powers of arrest without warrant for a breach of bail conditions where it is necessary to arrest the person immediately to prevent absconding or to prevent harm, interference or intimidation to the victim or a witness.

There are also existing legislative provisions which provide for the monitoring and management of sex offenders following release from prison. Under the Sex Offenders Act 2001, convicted sex offenders must notify An Garda Síochána of their name and address as well as any subsequent changes to those details. The 2001 Act also provides for monitoring of certain sex offenders including through post release supervision by the Probation Service.