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

Bail and constitutional change

Summary

Fitzpatrick argued that bail law was unsatisfactory and that constitutional change might be needed to give courts wider discretion. The Taoiseach cautioned against changing the Constitution whenever a particular law proves inconvenient.

(Cavan-Monaghan): I should like to go back briefly to one particular point. Surely the Taoiseach agrees that the present position regarding bail in criminal cases is quite unsatisfactory, and that the law should be changed and, if necessary, the Constitution, in order to give a wider discretion to the courts in regard to bail in criminal cases?

Comment on this

The Deputy and I had this argument before. It is relatively simple for any Deputy to pick some particular point and say we should change the Constitution to enable this or that to happen. The Constitution is the fundamental document adopted by the people. To change it in a material respect would be a very important and fundamental matter. I am not sure that to keep rushing to the people in referenda every time we feel the Constitution is a bit inconvenient is the best way to conduct our affairs. There is a lot to be said for having a fundamental law, namely the Constitution, which is fairly permanent and in regard to which all our citizens know where they stand. It is possible to do things in haste which might have unforseen repercussions. I merely throw out these thoughts to indicate that it is not simply a matter of making life easy for Parliament for ever more by making changes in the Constitution every time we run into some difficulty.

Comment on this

(Cavan-Monaghan): Does the Taoiseach not realise that some of these difficulties arose from interpretations by the Supreme Court?

Comment on this