Bail Law

Dáil Éireann Debate, Wednesday - 18 September 2019

Wednesday, 18 September 2019

Questions (133)

Thomas Pringle

Question:

133. Deputy Thomas Pringle asked the Minister for Justice and Equality if he has had contact with the Garda Commissioner on the objection of the State to bail in the case of persons (details supplied); his further plans to ensure that the relevant authorities examine the situation from a humanitarian position in view of their advanced years and the fact that the seizing of their passports has resulted in their being separated from their families for over six months; and if he will make a statement on the matter. [37901/19]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, changes to the bail laws were introduced by the Government in the Criminal Justice Act 2017, with the aim of strengthening the bail system and making the law as effective as possible.

The courts have the power to refuse bail where there are reasonable grounds to believe the person is likely to commit a serious offence. In assessing this likelihood, the court must take into account the nature and seriousness of the offence, the accused person’s previous offending and may also take into account the danger he or she poses to the public if bail is granted.  The Act also increases the range of conditions that may be attached to bail, in relevant cases. 

However as the Deputy will be aware, a decision to grant or refuse bail in any particular case is a matter for the courts, which are independent in the exercise of judicial functions subject to the Constitution and the law. 

It would not be appropriate for me to comment on an individual case such as that referred to.