Dáil Éireann Debate, Wednesday - 22 June 2016
84. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which legislative changes to criminal law are contemplated with particular reference to the availability of bail to recidivists; if lessons can be learned from other jurisdictions in this regard; and if she will make a statement on the matter. [17606/16]
View answerI can assure the Deputy that, as part of the Government's response to crime, one of our major objectives is to focus on the key area of strengthening the law to get tougher on serious and repeat offenders. In that context the new Bail Bill, which is being drafted on a priority basis in accordance with the Programme for a Partnership Government, will specifically provide that the courts must have regard to persistent serious offending by an applicant for bail.
As the Deputy will be aware, a decision to grant bail in a particular case is a matter for the court which is independent in the exercise of its judicial functions and there is a constitutional presumption in favour of bail because an accused person is taken to be innocent until proven guilty. Accordingly, the Deputy will appreciate that measures adopted in other countries in respect of bail would not necessarily be appropriate in our jurisdiction but I might mention that the new Bail Bill will include a provision to enable evidence of previous convictions abroad to be admitted in the courts in bail proceedings.
