Charles Flanagan
Question:6 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform when he will sign commencement orders in respect of outstanding sections of the Criminal Justice Act 2007. [14113/08]
View answerThursday, 17 April 2008
Questions (6)
Oral answers (5 contributions)
The Criminal Justice Act 2007 contains 60 sections and two Schedules. With the exception of sections 11 to 13, inclusive and 19 and 41, inclusive, all sections and the two Schedules have been commenced. Sections 11 to 13, inclusive, of the Act, concern the Bail Act 1997. They are the enabling provisions for electronic monitoring of persons granted bail subject to certain conditions. The merits of electronic monitoring and the different methods by which it can be carried out, require careful consideration before I am in a position to make specific recommendations on its introduction to my Government colleagues. I advise the Deputy that the cost effectiveness of electronic monitoring and developments in technology are being monitored by my Department.
Section 19 amends the Criminal Procedure Act 1967 to provide that the High Court may in certain circumstances transfer its jurisdiction to hear appeals in bail cases to the Circuit Court. The section also extends the appeal rights of the prosecution in bail cases. The commencement of this provision has been deferred. I wish to have the question of the transfer of bail hearings to the Circuit Court reassessed to ensure that the potential benefits outweigh some of the practical concerns about its implementation which have been identified. These are very serious practical concerns about the implementation of that particular provision of the 1997 Act.
As Deputy Charles Flanagan will be aware, the historic practice has been that bail applications are taken initially at the District Court. If bail is refused in the District Court, a person may invoke the inherent jurisdiction of the High Court and apply for bail in the event of refusal in the District Court. The involvement of other courts in the bail process, such as the Circuit Court, the Special Criminal Court, the Court of Criminal Appeal, has historically depended on whether the particular court has seisin of the particular offender. There has been no general bail jurisdiction in the Circuit Court. I am not convinced that the implementation of this section of the legislation would be of benefit in the administration of criminal justice in the State.
I do not wish, and I am sure the Leas-Cheann Comhairle would not allow me, to refer to the manner in which this Criminal Justice Bill was heralded by Ministers and Government Deputies this time last year. Suffice to say that 12 months later, there are a number of gaps, two of which have been adverted to by the Minister. The urgency of the matter this time last year is perhaps even greater now from a criminal justice point of view, having regard to the increased levels of crime and very serious crime, throughout society.
From the Minister's reply I take it that the section dealing with bail is now a dead duck and will not be enshrined in law. Reading between the lines that is what the Minister has said. I wonder then why such reservations were not put forward last year, either by him, his party members or his associates in Government. I ask him to confirm that this will not now or during his tenure be subjected to a commencement order.
Some of the provisions relating to bail will be commenced. I refer to the provisions relating to electronic monitoring of persons on bail which is certainly under examination in the Department. I have reservations about the legislative intent to transfer general jurisdiction in bail matters to the Circuit Court because it opens up the vista of a District Court case being followed by a Circuit Court case, being followed by a High Court case, in a single bail application. I cannot see how that can be of advantage in the administration of justice. I also fail to understand how the Circuit Court can exercise jurisdiction on a continuous basis in bail matters when in many provincial circuits, a judge holds a sitting at different venues throughout a large geographical area. There would be significant practical problems in implementing a bail jurisdiction in the Circuit Court given the disposition of the judicial personnel involved.
I examined the section on my appointment as Minister and I confess that, as I was not responsible in this Department at the time of the enactment, I was not aware of the proposal at that time. I understand the Leas-Cheann Comhairle expressed views on this matter at the time. I have examined the issue since becoming Minister and I am not satisfied that the proposal is practical. However, I am always open to suggestions as to how the bail laws can be improved.
Does the Minister intend to engage in discussions with the probation and welfare service on the introduction of electronic monitoring?
We are already engaged in discussions with the probation and welfare service on this matter. One of the main considerations is that the introduction of electronic monitoring may increase the number of persons out on bail at any one time. We are liaising with the probation and welfare service on this and other aspects of the introduction of such a system.