Dara Calleary (Mayo, Fianna Fail)
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36. To ask the Tánaiste and Minister for Justice and Equality if she plans to update and revise bail laws; and if she will make a statement on the matter. [25994/22]

Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 36, 40 and 562 together.

As the Deputy will appreciate, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law.

While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding judge is entirely independent exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the judge.

As the Deputy may be aware, the Bail Act 1997, followed on foot of the 1996 referendum on a proposed amendment to the Constitution enabling a court to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail.

Over the last twenty five years, the State’s bail laws were further strengthened, specifically by the Criminal Justice Act, 2007, the Criminal Justice Act, 2015, and the Criminal Justice Act, 2017. 

In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.

The 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the judge will issue a bench warrant and this gives An Garda Síochána power to arrest and bring the person before the court to answer all charges relating to the bail.

In the event of a breach of High Court bail, the defendant must be brought before the Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge and an order and/or surety for ‘forfeiture and estreatment’ of the bail money.

While I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, all legislative provisions are kept under review, in light of the existing provisions and safeguards relating to the granting of bail. However,  I can inform the Deputy there are no immediate plans to introduce further bail legislation at this time but I will keep the law under active review.