Vol. 461 No. 8
9 Mr. O'Donoghue asked the Minister for Justice whether she has considered the Law Reform Commission report on bail; her views on whether it is appropriate for a referendum to be held which would enable judges to take into account the background and character of people charged with serious offences in determining whether they should be allowed bail pending trial. [3892/96]
64 Mr. D. Ahern asked the Minister for Justice when the referendum in relation to bail will be held; and if she will make a statement on the matter. [19402/96]
I propose to take Questions Nos. 9 and 64 together.
It should be clear by now that I share the public concern that our bail laws are being abused. Examination of the Law Reform Commission report on the law of bail has proceeded as a matter of priority in my Department and is being finalised in the context of putting proposals before Government in the near future.
Deputy O'Donoghue raises the question of whether it would be appropriate for a referendum to be held, which would enable judges to take into account the background and character of people charged with serious offences in determining whether they should be allowed bail pending trial. The Deputy will be aware that the background and character of the accused, in so far as they are relevant to the present criteria on which bail may be refused, are matters that would already be taken into account by a court. I assume therefore that, in referring to this matter, the Deputy has in mind circumstances where the Constitution would be changed to widen the grounds on which bail might be refused. Clearly, in any consideration of this matter, regard would have to be had, not only to what those new grounds might be, but also to the criteria which the courts would take into account in establishing whether these grounds exist.
I have already indicated to the House that in devising proposals I am considering whether some combination of legislative and constitutional change would be the most effective way to proceed. These are among the issues being addressed in the context of the examination to which I have referred and the House will appreciate that a definitive response must await the Government's consideration of these matters.
In March 1995, the Minister announced publicly that she favoured a constitutional referendum on bail. We understand the Law Reform Commission report was presented to the Attorney General in August 1995. In autumn 1995, the Minister published the report and it is still under consideration. At no stage was the Law Reform Commission requested to make a recommendation on whether there should be a referendum.
I accept the Minister is committed to a referendum on bail. Is she committed to a referendum which would provide that, if a court is satisfied an accused person is likely to commit an offence while on bail, and if the offence is indictable, the judge should be entitled to refuse bail for that reason alone? If she is so committed could she please state categorically whether she is having difficulties with the leaders of the Labour Party and Democratic Left in pursuing her commitment to having a referendum?
Deputy O'Donoghue has asked me this question on numerous occasions but no matter how many times he asks it he gives me a history lesson of the last year. The examination of the Law Reform Commission report is coming to an end in my Department. The issues raised are very complex. It took 18 months for the commission to publish its report and it is appropriate that I would give it every consideration.
When I bring my proposals to Government the Deputy need have no worries that I will have to convince one or other member of the Cabinet. I do not know from where the Deputy is getting his information. The Government is determined to crack down on criminal activities. We have shown that determination in the actions we have taken against the criminal in all areas.
If the Deputy is concerned as he appears to be — I believe him to be sincere — it gets back to why, when his party was in office for seven years, it did not bring forward a referendum. The Ministers in those Governments knew how complex this matter was. The Deputy may be assured that, in a very short time, his patience will be rewarded and he will know the Government's proposals on this issue.
We have 15 minutes to deal with these five priority questions. As usual, I am anxious to facilitate all tablers of these questions. If we have brevity we can achieve this. I call on Deputy O'Donoghue.
The Minister will be aware that the number of detected or recorded offences committed while a person was on bail doubled between 1990 and 1994 and that she received the Garda Commissioner's report on crime in June 1995 confirming these figures. It is conservatively estimated that in excess of 12,000 indictable offences are now committed by people while on bail. Since the Minister is so confident of the support of the leaders of the Labour Party and of Democratic Left, will she give a commitment that not only is she, but the entire Government committed to a referendum on bail at this time?
When the Deputy gets an opportunity to be a member of a Cabinet he will know that no Minister will outline in the House proposals she or he will bring to Cabinet. He will, therefore, not get the type of answer he expects from me before I bring my proposals to Government for consideration and decision.
The Deputy referred to indictable crimes and the number of detected offences committed by people while on bail. He quoted the years 1990 to 1994, when those figures doubled. I was not in Government at that time, rather his party was in Government and it could have taken action if it was considered to be so seriously needed. I am now taking action. I am examining the Law Reform Commission report and have given a commitment, as has the Taoiseach, that the proposals will be discussed at Cabinet within a few weeks.
The Garda Commissioner's report on crime for 1994, which contained these figures, was presented to the Minister for Justice in June 1995.
