Bail laws and repeat offending
Noel Grealish argued that crimes committed by people on bail show the current system is failing and called for tougher action. The Taoiseach said the Government has already strengthened policing and justice resources, that Garda advice is the laws are working, and that further changes would be kept under review.
I have raised the issue of our bail laws in this House several times and I feel compelled to do so once again today. That is because, according to the latest figures I have received from the CSO, more than 275,000 crimes have been committed in this country in the past ten years by people who were out on bail, having been charged with other offences. These crimes range from murders to theft, and sexual offences to burglary, and the situation is getting worse.
In 2022, for which statistics have only recently become available, almost 32,500 crimes were committed by offenders while they were out on bail. That is a staggering 41% increase on the total that was recorded ten years previously, and it amounts to approximately 90 crimes every single day of the year.
In the past decade, this country has seen a doubling in the incidents of some crimes committed by people out on bail, including attempts and threats of murder and assaults, drunk driving and drug offences. We have also suffered substantial increases in public order offences, which are up by 75%. Theft is up by 72%, damage to property is up by 53%, and burglary is up by 50% by these people.
Over that ten-year period, recorded crime incidents where at least one offender was on bail included 85 homicides, 268 sexual offences, more than 10,000 attempts of or threats of murder and assaults, 71,000 thefts, 57,000 public order offences, 26,000 drug offences, 14,000 burglaries and many more other offences, some of which are extremely serious breaches of the law. One in every six crimes committed in this country is now being perpetrated by somebody who is already being charged with another offence and who has been granted bail to roam the streets to prey on others.
Surely, at this point we need to radically reform our bail system. Among those statistics I have outlined, the Taoiseach can be sure that there are many hardened career criminals with hundreds of convictions under their belts who are being allowed to carry on ruining the lives of others. They know that every time they are caught, they will be let out on bail until their case is heard. When will this Government wake up to reality and seriously tackle the problem of bail being granted to people who are very often serious, serial offenders? As the figures show, they have no hesitation in leaving the courthouse and resuming their life of crime straight away. Will the Taoiseach strengthen the laws governing the granting of bail so that the law-abiding people of Ireland are protected from these criminals?
Comment on this
I thank the Deputy for again raising this important issue. Above all, I want people to be safe and feel safe in their homes and on our streets.
We are responding with more gardaí, better equipment for our gardaí and stronger laws, more judges and more places in our prisons. At €2.3 billion a year, the Garda budget has never been higher. That is up 25% in four years. We are building stronger, safer communities. Ba mhaith liom go mbeadh daoine sábháilte agus go mothóidís sábháilte ina dtithe agus ar na sráideanna. Mar sin, táimid ag freagairt le níos mó gardaí, trealamh níos fearr dár ngardaí, dlíthe níos láidre, níos mó breithiúna agus níos mó spáis i bpríosún. Ní raibh buiséad an Gharda Síochána níos airde riamh agus é suas 25% i gceithre bliana. Táimid ag tógáil pobail níos láidre agus níos sábháilte.
I do understand the frustration that people feel with regard to recidivism. We have to make sure our laws are as tough as they can be while acknowledging the fact that over 70% of people who engage with the criminal justice system have mental health issues or addiction challenges. The law in relation to bail is comprehensive and has been strengthened on a number of occasions over recent years, most recently in 2017 under the then Minister, Frances Fitzgerald. As the Deputy is aware, bail legislation must be built around the constitutional presumption that an accused person is innocent until proven guilty. The presumption of innocence is a cornerstone of our legal system and a fundamental principle behind the right to a fair trial. The fact that somebody may have been guilty in the past does not mean they are guilty now.
Restricting a person's liberty prior to trial is a very serious matter. Judges are independent in the exercise of their judicial functions and the decision to grant or refuse bail in a particular case is solely a matter for the judge concerned. Among the matters the court can have regard to when deciding whether to refuse bail is persistent, serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail. The Bail Act of 1997, which followed the 1996 referendum, enables courts to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the bail laws have been further strengthened, specifically by the Criminal Justice Act 2007; the Criminal Justice (Burglary of Dwellings) Act 2015; and the Criminal Justice Act 2017.
Comment on this
Eighty-five murders have been committed by people out on bail over recent years. I appreciate that some efforts have been made over the years to strengthen the bail laws but the figures speak for themselves. More than 32,000 crimes a year are now being committed by people who had been charged with other offences and are out on bail. More often than not, their court appearances are being totally funded by the taxpayers of this country, who have forked out millions to pay for free legal aid. Free legal aid in criminal cases is costing us more than €76 million a year. That has gone up steadily from €64 million in the past five years. In 2022, the courts issued more than 81,000 criminal legal aid certificates, again a big jump on the 72,000 total for the five years previously. In that five-year period, the financial payout has been €342 million of the Irish taxpayers' money where these criminals have contributed absolutely nothing. They do not have to make any contribution towards the cost of their defence no matter how many times they have appeared in court. The current system is not doing its job in deterring criminals from offending again. Much stronger action needs to be taken and a major reform of our bail laws is urgently needed.
Comment on this
I thank the Deputy. In our engagement with An Garda Síochána, it advised us that the State's amended bail laws have proven to be effective. While there is no immediate proposal to amend the State's bail laws further, we will keep them under review. Certainly, if the Garda advises and asks us to make further reforms to our bail laws, we will give that detailed consideration. Certainly, in an appropriate way in our engagement with the Judiciary, we can say to them that it is important that they honour their responsibilities as well when it comes to making the right decisions on who is refused bail and who is not.
In terms of legal aid, there are reforms currently under way being led by the Minister for Justice, Deputy McEntee. She is giving examination to a suggestion the Deputy made previously, that perhaps the cost of legal aid could be recouped from recidivists after they are found guilty.
We cannot presume people who have been accused are guilty and refuse them legal aid, even if they have committed a crime in the past. However, if someone who is found guilty of recidivism received legal aid, there is perhaps a possibility of recouping some of it. It may not have much practical effect where a criminal does not have any means, but some of them do have means, quite frankly, and it would send a message that would be heard. The Minister, Deputy McEntee, has it under consideration.