Dáil Éireann Debate, Thursday - 17 February 2022
106. Deputy Bernard J. Durkan asked the Minister for Justice if further legislative measures are proposed or in hand to combat the activities of criminal gangs; if the amended bail laws have adequately curtailed the extent to which offences take place while the offenders are on bail; and if she will make a statement on the matter. [8721/22]
Amharc ar fhreagraThe Government is committed to ensuring Ireland is a safe and secure place for all.
An Garda Síochána has made important progress in suppressing the threat of organised crime and there has been significant successes achieved in this area through intelligence-led operations. I can assure the Deputy that there will be no let-up in the pressure being brought to bear on those involved in organised crime.
The Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of legislative measures such as:
- The Proceeds of Crime (Amendment) Act 2016 which provides additional Garda powers for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of.
- The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 providing for the establishment and operation of the DNA database providing Gardaí with links between people and unsolved crimes.
- The Criminal Justice (Amendment) Act 2009, introduced to protect the justice system from being subverted by criminal groups, including potential intimidation of juries.
- By continuing to grow the strength of the Garda organisation, with a budget of over €2 billion in 2022, providing for the recruitment of up to 800 Gardaí and 400 Garda staff this year.
The Deputy will be aware that the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty.
As the Deputy knows, a referendum took place in 1996 on a proposed amendment to the Constitution to allow the courts to refuse bail where there are grounds for believing that the accused will commit serious offences while on bail. The referendum was passed by the People and section 2 of the Bail Act 1997 permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is considered by the Court necessary to prevent the commission of a serious offence by that person. Subsequent to this, the law on bail has been further strengthened on three occasions, specifically in the Criminal Justice Act 2007, the Criminal Justice Act 2015 and the Criminal Justice Act 2017.
I am advised by the Garda authorities that the amended bail laws have proven to be effective and I can inform the Deputy there are no immediate plans to introduce further bail legislation.
In terms of future legislation the Deputy may wish to note that it is my intention in the forthcoming Criminal Justice (Miscellaneous Provisions) Bill to raise the maximum penalty for the offence of ‘conspiracy to murder’ from a maximum sentence of 10 years imprisonment to potential life imprisonment. This bill is currently with the Office of Parliamentary Counsel for drafting and I hope to be in a position to publish it in quarter 2 of this year.
