asked the Minister for Justice if he is aware of widespread concern regarding the seemingly easy manner in which bail is being given to persons appearing before the District Courts; if it is proposed to amend the law in this regard; and, if so, when.
Ceisteanna—Questions. Oral Answers. - Granting of Bail.
12.
As I am sure the Deputy is aware, there are many matters, including constitutional issues, to be taken into account in considering the question of the granting or withholding of bail.
It would be inappropriate for me to say anything further concerning bail at this stage except that the matter is under active consideration at present.
I thank the Minister for his reply, but I would ask him to bear in mind the case of two people from across the Channel who are wanted by the English police and they were released by the District Court. They are now held on serious charges. I am not going to say whether they are innocent or not. Could we not have held these people pending an extradition order against them, because at least two homes in Ireland have experienced tragic happenings and had these people been held murders might not have taken place? Could the Minister not tell the district justices to use their discretion in a case where any police force wants certain people to be held on certain charges——
I am sorry to interrupt the Deputy, but I am sure he will be careful not to refer to matters which may be sub judice.
I will be very careful, but the Minister will appreciate what I am trying to refer to. Could we not for the future try to impress on district justices that in cases such as this they at least hold these people for some time until even a medical report is received on them?
The difficulty for the courts, particularly the District Courts where this problem arises more frequently than in other courts, is that they are bound by the Supreme Court decision of some years ago. The effect of the decision is that it is only in a small number of cases that the courts may refuse bail. The Supreme Court upheld that there is a constitutional right to bail and only in certain exceptions may bail be refused. Therefore there is a difficult legal position. When I say that the matter is under active consideration I can assure the Deputy it is because I share his concern at the number of offences that have been committed by persons on bail.