Gary Gannon (Dublin Central, Social Democrats)
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1578. To ask the Tánaiste and Minister for Justice and Equality the number of occasions between 2015 and 2025 where women granted bail by the courts were not in a position to avail of it owing to a lack of means; and if he will make a statement on the matter. [19667/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The presiding judge is entirely independent in the exercise of their judicial functions, and the decision to grant or refuse bail in a particular case is solely a matter for the court. However, I have made enquiries to the Courts Service regarding the information you have requested.

The Courts Service cannot provide a report on “the number of occasions between 2015 and 2025 where women granted bail by the courts were not in a position to avail of it owing to a lack of means”. Once bail has been granted by the court and the person is remanded in custody with consent to bail, the Courts Service is not informed of the reason a person did not enter a bail recognisance.

As the Deputy may be aware, cash bail is not required in all cases. Under the Criminal Procedure Act 1967, as amended, a court, if it considers it appropriate, and having regard to the circumstances of the case including the person’s means and the nature of the offence in relation to which they are in custody, may admit a person to bail without imposing a condition as to payment of moneys into the court.

Moreover, section 5(1) of the Bail Act 1997 was amended in 2002 to take account of the difficulties posed for some persons by the requirement to lodge at least one third of any bail amount with the court before the person can be released. While this was originally a mandatory requirement, under section 5(1) as amended, the judge has discretion as to whether to impose this condition, having regard to the circumstances of the case including the person’s means and the nature of the offence in question.