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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Constitutional Amendments.

Constitutional amendment on bail

Summary

Fitzpatrick urged the Taoiseach to include a bail amendment in the referendum, citing the Supreme Court ruling and risks posed by people released on bail. The Taoiseach said the issue would be considered, noting that many lawyers believe legislation alone could address it.

(Cavan-Monaghan): Would the Taoiseach avail of the opportunity to amend the Constitution to remedy the absurd position regarding bail which needs badly to be rectified?

Comment on this

I am aware that there is a fairly specific difference of opinion among lawyers as to whether a constitutional amendment is necessary in that regard, but I would be prepared to listen to the Deputy on it.

Comment on this

(Cavan-Monaghan): Would the Taoiseach agree that, because of the difference of opinion between lawyers, as he says, the decision of the Supreme Court which lets at large every criminal who should be locked up should be rectified and that he should avail of this opportunity when he is bringing in this referendum also to include the most important question of bail?

Comment on this

Certainly that is worthy of consideration, although I think the Deputy is aware that a fairly considerable body of legal opinion is to the effect that this could be achieved by legislation without a constitutional amendment.

Comment on this

(Cavan-Monaghan): As this argument goes on and these legal questions are being decided people are being allowed out on bail who should be locked up pending trial, and some of them over the last years have committed the most horrific crimes, including murder, under unspeakable conditions.

Comment on this

I am inclined to agree with the Deputy, as most other Members would be, but there is a need for a tightening up of some of the laws, certainly the penal laws.

Comment on this

(Cavan-Monaghan): The Taoiseach seems to be prevaricating. Would he not avail of this opportunity to clarify the position and to restore the law to what it was before the Supreme Court decision?

Comment on this

The Deputy will understand that the questions down to me are on one very specific matter on which I have given an undertaking and which is sui generis. The question he is raising now is about bail, a very different legal and constitutional area. I must ask him to accept my reply that this will be considered.

Comment on this