Written Answers. - Bail Laws.
Austin Deasy
Ceist:
70
Mr. Deasy
asked the
Minister for Justice, Equality and Law Reform
when the laws on bail will be updated to ensure that people charged with serious crime are not allowed out on bail in view of the fact there are continuing reports of these people intimidating their victims and families of their victims.
[2640/00]
The likelihood that an accused will interfere with witnesses or evidence is already recognised by our courts as a ground on which bail may be refused.
In addition, I would point out that section 41 of the Criminal Justice Act, 1999 creates a statutory offence, punishable by up to ten years imprisonment, for a person to intimidate another person who is assisting in the investigation by the Garda Síochána of an offence, or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family, with the intention of causing the investigation or the course of justice to be obstructed, perverted or interfered with.
I would suggest therefore that the Deputy or any other person who suspects that an incident of the type referred to in the Deputy's question has occurred should report the matter to the Garda Síochána for investigation.
The Deputy will be aware that 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 have however indicated 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.
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 11 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.
