Jim O'Keeffe
Ceist:9 Mr. J. O'Keeffe asked the Minister for Justice if he has any record of the numbers of crimes committed by persons on bail awaiting trial.
Ceisteanna-Questions. Oral Answers. - Crimes Committed by Persons on Bail.
Figures for the number of crimes committed by persons at present on bail are not readily available. However, the Garda authorities have provided figures in relation to offences committed by persons on bail for the years 1983 to 1989 and these are as follows:
Offences committed by persons on bail
|
Year |
Offences |
|
1983 |
8,295 |
|
1984 |
6,338 |
|
1985 |
4,775 |
|
1986 |
2,121 |
|
1987 |
2,613 |
|
1988 |
2,947 |
|
1989 |
2,647 |
I would draw the Deputy's attention to the fact that the figure for 1983 is 8,295 offences and the corresponding figure for 1989 is 2,647 offences which, on the face of it, suggests a very considerable improvement. In an effort to reduce the incidence of crimes committed by persons on bail, the law was strengthened in the Criminal Justice Act, 1984, which provides that a sentence of imprisonment for an offence committed by a person on bail must be consecutive on any sentence passed, or about to be passed, on him for a previous offence. The operation of the relevant provisions in the 1984 Act is being monitored. The figures which I have provided to the Deputy would suggest that they are having an effect.
Should it be established at any stage that the provisions of the 1984 Act are not proving to be as effective as required, I will give further consideration to the matter.
Encouraged by the improvement in the figures following the 1984 legislation there is still a major problem in that we are talking about between 2,000 and 3,000 offences a year. Would the Minister not accept that we have the most lax bail laws in the world, that this is a consequence of the O'Callaghan decision in 1966 in the Supreme Court and that effectively we probably need a constitutional change to deal with it but that we must face that? Would he not accept that it is outrageous that people who are charged, and in some instances caught red handed, with offences, including murder, rape and robbery, can go to the courts and obtain bail? Would the Minister not accept that we should face the situation of having a constitutional referendum on this matter if necessary and that that could be tied in with the Presidential election? The Minister would get full co-operation from this side of the House——
And from this side.
I am talking about the main Opposition party. The Minister would get full co-operation from this side of the House if he feels, as I do, that that is the right way forward.
My advice is that, short of an amendment to the Constitution, any legislative proposal which would make it more difficult for an accused person to get bail would be open to serious challenge on constitutional grounds. In that regard it should be noted that the Supreme Court has held that bail cannot be refused on the grounds that there is a likelihood of further offences being committed by the accused. I do not want to give any commitment here today — I would not be in a position to do so — in relation to a constitutional change but I would consider it unlikely in the timescale the Deputy has suggested. I agree with him that it is a matter of concern and that it is the public perception that people who are on bail do commit crimes because they know they will be punished in any event. However, the whole House can take some comfort from the fact that there has been a drop in the number of offences committed by persons on bail as between the years 1983 to 1989 and that the Criminal Justice Act, 1984, is working in this area. A drop in the number of offences committed by persons on bail from 8,295 in 1983 to 2,647 in 1989 is something that should give the House considerable encouragement.
Deputy O'Keeffe, a final question, please.
I would ask the Minister to give serious consideration to a constitutional amendment which I think we both agree is necessary. Would he not accept that having a figure of almost 3,000 crimes per year committed by people on bail is utterly unacceptable? Would he not further accept that our bail laws are probably the most lax in the world and would he not take the example even of the notorious case in Athy where the robber who was shot was out on bail at that time? Would he not accept that we have a serious problem, that it must be addressed and that the longer we delay in addressing it the more we will have crimes committed by people on bail who should not be on bail in the first instance?
Of course bail is a matter for the courts but I agree with the Deputy that it is a matter for concern that crimes are committed by people who are on bail. I will consider the Deputy's suggestions but I would not like to give him the type of guarantee he was looking for in relation to a constitutional amendment referendum at the end of this year. I do not want to mislead him on that.
We must now come to deal with the questions to the Minister for Communications.