Taoiseach Bertie Ahern and Tánaiste Michael McDowell are to meet on Monday amid growing Government concern at the frequency with which bail is being granted by judges to defendants in serious gun and drug-dealing offences. Miriam Donohoeand Barry Rochereport
A spokeswoman for Mr McDowell confirmed the two would talk ahead of Tuesday's Cabinet meeting, which will address the recent rise in gun crime.
Mr McDowell, who is Minister for Justice, yesterday publicly rebuked judges over the high rates of bail being granted in the face of Garda opposition.
There is expected to be contact in the next week between the Government and the judiciary.
Speaking in Templemore, Mr McDowell said he was also very concerned at the high number of serious drug offences where judges were opting not to impose the mandatory 10-year minimum sentence provided for on the statute book because defendants were pleading specific and exceptional circumstances.
On the bail issue, Mr McDowell said he respected the independence of the judiciary, but the people of Ireland had gone to the polls in 1996 and voted for tighter controls on bail for people accused of serious crime.
In the 1996 referendum, provision was made for the courts to refuse bail to a person charged with a serious offence where it was reasonably considered necessary to prevent the commission of a serious offence by that person.
There was no reaction last night from the judiciary to Mr McDowell's comments.
A senior legal source said there would be no immediate response from the judges, but they would make their views known "in their own time in their own way ".
It is understood that Mr McDowell will be exploring with his Cabinet colleagues on Tuesday ways of ensuring the implementation of laws that exist on bail.
There is precedent for "engagement" between the Government and the judiciary in writing between the presidents of the various courts or the chief justice.
Mr McDowell said there was a very high rate of admission bail for people charged with serious offences.
"The people of Ireland voted to change the Constitution so that people suspected of serious offences could be denied bail if the court believes they will commit other serious offences while on bail.
"Unfortunately the expectation of the people that this would translate into the withholding of bail in serious cases where serious drug crime lords were asking to be set at liberty, pending trial, has, I'm afraid, been disappointed greatly in the operation of that law."
Referring to the recent revelation that 23 of the 24 associates of Dublin drug baron Martin Hyland were granted bail despite Garda opposition, Mr McDowell said it highlighted the fact that the bail laws were not being implemented as intended.
Fine Gael justice spokesman Jim O'Keeffe said yesterday the Minister should give greater powers to the DPP on bail instead of launching a "pointless attack" on the judiciary in a desperate attempt to deflect blame.
Labour's spokesman on justice Brendan Howlin said Mr McDowell's comments were "another intemperate attack on the judiciary in an effort to divert attention away from his own dismal record".