Declan Breathnach (Louth, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

504. To ask the Tánaiste and Minister for Justice and Equality the communication that takes place between the Prison Service, the Courts Service and the Judiciary in respect of availability of custodial places; if his attention has been drawn to the matter notwithstanding the fact that there was a law passed making it more difficult for repeat offenders to get bail that it is still the norm in the District Court to grant bail; and if he will make a statement on the matter. [54518/17]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that it does not engage with the Irish Prison Service in relation to the availability of custodial places. The Irish Prison Service must accept all committals from the courts and does not have the option of refusing committals. The determination of bail applications is a matter for the Judiciary.

As the Deputy is aware, the Criminal Justice Act 2017, which was enacted on 28 June 2017, expands the factors which a court may take into account in refusing bail to include the extent to which the number and frequency of previous convictions by the accused for serious offences indicate persistent serious offending by him or her, and the likelihood of any danger to a person or the community that could be caused by the release on bail of the accused.

However, 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 and the conduct of any court case is a matter entirely for the presiding judge.