The Deputy will appreciate that a comprehensive body of legislation exists to provide for the prosecution for offences relating to organised crime. I believe that An Garda Síochána, with the support of the significant additional resources provided to it by this Government, will prevail in facing down the threat of gangland violence in our communities. An Garda Síochána have faced down this type of threat in the past and will do so again. As such, I do not believe that additional emergency legislation is required at this time.
I can inform the Deputy that a number of legislative measures have been introduced to tackle gang-related and associated crime. For example, the recent Proceeds of Crime (Amendment) Act 2016 provides additional powers for Gardaí; in particular, powers to allow for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of has been introduced and I am pleased that the provisions of this Act are available to An Garda Síochána today.
I can assure the Deputy that officials from my Department and An Garda Síochána keep all criminal legislation under continuous review to see whether there might be a requirement to change the law to further disrupt the operation of criminal groups who carry out these crimes and who endanger the safety of our communities.
Addressing the issue of offences committed by persons while on bail is a priority for this Government. The Criminal Justice Act 2017, enacted on 28 June, 2017 made a number of changes to the bail laws. These changes have made the bail system far stronger and have made the law as effective as possible in protecting the public against crimes committed by persons on bail. The court has 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 Criminal Justice Act 2017 also strengthened Garda powers to deal with breaches of bail providing a power of arrest without warrant, and made provisions to increase the use of curfews and to facilitate the introduction of electronic tagging for those on bail in certain circumstances.
As the Deputy will be aware, a decision to grant bail in a particular case is a matter for the court, which is, subject to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail because, in the eyes of the law, a person is innocent until proven guilty. It would not be constitutionally permissible to refuse bail for a specific category of cases.
In relation to the Criminal Legal Aid Scheme, the Deputy will be aware that it is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings.
Under the Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act, however the overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
My Department is preparing a draft General Scheme of a Criminal Justice (Legal Aid) Bill, the key purpose of which is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid, provision for contributions, and new sanctions.
