Vol. 407 No. 8
2 Mr. S. Barrett asked the Minister for Justice if he proposes holding a constitutional referendum on the question of bail; if it is possible to hold this in conjunction with the local elections in June 1991; and if he will make a statement on the matter.
7 Mr. J. O'Keeffe asked the Minister for Justice whether he proposes to amend the laws on bail.
31 Proinsias De Rossa asked the Minister for Justice if he will outline his response to the call made by the Garda Representative Association for a referendum to have the laws on bail restricted; and if he will make a statement on the matter.
I propose to take Questions Nos. 2, 7 and 31 together.
On a point of order, I object on the basis that Question No. 2 relates to a constitutional amendment while Question No. 7 in my name relates to a statutory amendment.
Let us not intrude into the precious time available to us for dealing with Priority Questions.
I am, therefore, not allowed to pursue supplementaries on Question No. 7.
It is the Minister's privilege, as the Deputy knows full well.
I say he is abusing it with his coupling of questions. It makes no difference to me.
Let us not waste precious time.
I assume that these questions are motivated by concern about the commission of offences by people on bail. I am aware of that problem. However, I would point out that since the law relating to bail was strengthened in the Criminal Justice Act, 1984, by providing that a sentence of imprisonment for an offence committed by a person on bail must be consecutive on any sentence passed or about to be passed on him for a previous crime, the number of offences committed by persons on bail has shown a very significant decrease. In 1983, before the 1984 Act was passed, 8,295 offences were committed by persons on bail. Last year the comparable figure was 2,494 offences. I accept that the commission of 2,494 offences by persons on bail is a matter of grave concern. The figures I have quoted do show, however, that, contrary to recent public statements, the situation is improving.
I am continuing to monitor the situation and if I am satisfied that further measures including an amendment of the law on bail are needed, I will bring forward appropriate proposals.
Will the Minister not agree that, while he can quote statistics on the reduction in the number of crimes committed by persons on bail, they relate mainly to petty crime and that the level of offences committed by persons on bail in relation to serious crime is continuously increasing? Will he not agree that it is extremely wrong to see somebody out on bail engaging in gun battles with gardaí following a bank robbery? Therefore, will he not agree that other measures must be taken to see to it that those who get bail are not likely to commit offences while out on bail?
Speedy trials.
Yes, or by the surrender of bail money or more responsibility on the bond person. There are a number of issues that could be looked into.
I think the Deputy has made his point adequately.
At priority questions, Sir, every time I ask a question you interrupt me and you are interrupting my train of thought.
Deputy Barrett, my only concern is that the five questions before us shall be disposed of. If Deputies do not wish to dispose of them that is their affair. I shall not intervene again, Deputy.
Will the Minister not agree that the public are sick, sore and tired of reading in the newspapers, particularly in relation to juvenile offenders since there were no places of detention for them, that a child who comes before a court with 54 charges against him gets bail and comes back with another 20 charges against him? Will he not agree that quoting statistics will not resolve this difficulty and that he has a responsibility to see to it that either we propose an amendment to our Constitution or change the existing laws?
In relation to an amendment to the Constitution, I do not rule that out. However, for the reasons I explained to the Deputy in my reply, I am not prepared to make a commitment in that regard at present. Regarding the article that I gather was the basis for the Deputy's question, we do not want a situation similar to that in Britain where the majority of prison places are taken by people remanded in custody.
Neither do I.
I am looking at the question of how we can speed up the trials and take other measures so as not to have our jails overcrowded with people on remand. I share the Deputy's concern that even one crime committed by anybody on bail is one too many. However, I am satisfied that the situation is improving and I assure the Deputy, the House and the general public that every measure that can be taken to improve the situation, short of the referendum to which I have just referred, is being taken and will be taken in the future.
