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Dáil Éireann debate -
Thursday, 26 Nov 1998

Vol. 497 No. 4

Written Answers - Bail Act, 1997.

Thomas P. Broughan

Question:

47 Mr. Broughan asked the Minister for Justice, Equality and Law Reform if he will implement the bail referendum; and if he will make a statement on the matter. [25158/98]

The Bail Act, 1997, was passed into law by the Oireachtas in May 1997. It gave effect to the terms of the Sixteenth Amendment of the Constitution which provides for the refusal of bail in certain circumstances. Section 13 of the Bail Act provides that the Act, or any particular provision or provisions of it, will come into operation by order to be made by the Minister.

I have informed the House in response to previous questions that the full implementation of the Bail Act is not yet possible because existing prison accommodation would not be able to deal with the additional demand. I am sure that all members of the House would agree that we need to avoid a situation, where convicted persons would have to be released to make space for additional remand prisoners. I have also indicated to the House that I am keeping the matter under continuous review in the context of the major prison building programme which I have under way at present and in particular the provision of a new remand prison for 400 beside Wheatfield which is expected to be completed early next year.
As a result of the continuous review to which I have already referred the provisions of the Act have been implemented in part. Thus section 10 of the Act was brought into operation with effect from 2 June 1998. That section amends section 1 of the Criminal Justice Act, 1984, with the aim of strengthening its provisions in relation to the imposition of consecutive sentences for offences committed while on bail.
Sections 1 to 4 of the Act, which deal with the power of the court to refuse bail to a person charged with a serious offence where such refusal is reasonably considered necessary to prevent the commission of a serious offence by that person, were brought into operation with effect from 4 September 1998 in respect of persons appearing before the Special Criminal Court.
As to the full implementation of the Act, I will continue to keep the matter under review with a view to bringing it into operation generally as quickly as possible.
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