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Dáil
‹ Order of Business

District Court and bail laws

Summary

Deputy Martin raises concerns from RTÉ Investigates about drink-driving enforcement, loopholes in road traffic laws, and the growing number of murders and killings by people on bail. The Minister says recent bail legislation has broadened the courts' powers and promises a continuing review, while later noting work on consolidating road traffic law and ending inconsistency around the poor box.

Last night's edition of "RTÉ Investigates" outlined how the criminal justice system, particularly in the District Court, is very poor in terms of dealing with drink-driving offences, particularly regarding the progressing of warrants and summonses, the number of loopholes that are contained in the 22 different Road Traffic Acts and the number of people who get off completely and people who were never prosecuted, fined and so on. More particularly, the number of people who have been murdered or killed by people who are out on bail is growing alarmingly. I can think of people like Manuela Riedo, Sylvia Roche Kelly, Garda Tony Golden, Shane O'Farrell and more who were either killed in hit-and-run accidents or murdered by people who were out on bail and not just out on bail once. There is a fundamental malaise at the heart of our system. If one goes through the O'Higgins report, one will see further examples of people on bail continuing to commit crime. When we can anticipate the tabling before the House of the consolidated road traffic Bill? In the interim, will the Government accept Deputy O'Callaghan's legislation, which he will bring forward tomorrow, concerning our bail laws?

Comment on this
Charles Flanagan Minister for Justice and Equality Fine Gael

The Deputy posed a number of questions. In respect of the bail laws, I remind Members of the recent introduction of the Criminal Justice Act 2017, which, again, has broadened the factors the court will be required to take into account before the granting of bail and which is already having an effect. I believe it is fair to say that all of the cases cited by the Deputy happened prior to the introduction of this legislation.

In the event this legislation does not deal with the issue in the manner in which it is intended, I assure the Deputy we will continue to review the matter of our bail laws. It was the subject matter of a constitutional amendment some 20 years ago. I am concerned by the ease with which bail is being granted by the courts. I assure the House the new legislation will deal with many of the matters raised.

On the matter of the consolidation of the road traffic legislation, I assure the Deputy I spoke to the Minister, Deputy Ross, this morning on the issue.

Comment on this

I am glad somebody spoke to him because he did not turn up last night.

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His Department and mine will work together to ensure that over the next few months we set about a long-awaited consolidation of road traffic legislation going back to the 1960s and even before that. There are a number of loopholes.

As far as last night's programme is concerned, I am very concerned at the operation of the court poor box, which is inconsistent. I assure the House I will bring the issue to an end.

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