Sir. Last November we had a constitutional referendum to restrict the right to bail. Less than 22 per cent of the electorate voted Yes and during the debate Government speakers acknowledged that the Right to Bail Campaign had raised serious concerns about the Government proposals. They promised to address these concerns before legislation was introduced.
On March 24th last the Bail Bill, 1997, was introduced. It took no account of the major issues raised during the referendum campaign. One month later it had passed all stages in both houses of the Oireachtas with virtually no debate and the minimum of publicity. We are disappointed by the failure to engage in the promised dialogue with critics of the measure.
The problems remain. Even if we accept that bail can now be refused on the ground that the accused may commit future offences, the new Bill contains major flaws:
1. The definition of a serious offence - one that carries a possible penalty of five years or more - actually includes a lot of minor offences like petty, larceny and at least one offence, included in the schedule to the Bill obstructing a peace officer - only carries a maximum penalty of six months.
2. The fact that an accused has a drug, addiction can, be counted towards refusing bail, thus effectively criminalising addicts,
3. There is to be no compensation for people held in custody and then acquitted.
4. There is still nowhere to put hundreds of new remand prisoners. As we predicted, convicted prisoners are currently having to be released to make room for unconvicted ones. Remand prisoners are not being segregated from convicted prisoners contrary to international requirements. This Bill will make things worse.
5. The Bill provides that where bail is granted, one third of the bail money must be lodged in court. This will discriminate against the homeless, those who have no family or friends to support them and young people whose parents cannot or will not put up bail for them. The only alternative is to lodge bank books, etc, which the homeless and the marginalised do not have.
This Bill, if implemented, will cause real hardship and injustice, especially to those on the margins of society, and will cause chaos in our prisons. We call on the Minister for Justice not to bring it into operation before the general elect tion and we call on the incoming Government to reconsider its provisions. - Yours, etc.,
Executive Secretary, Irish
Commission for Justice and Peace,
Commission for Prisoners Overseas
Co-Chairs, Irish Council for Civil Liberties,
Chairperson, Irish Penal
Reform Trust
Right to Bail Campaign,
Irish Council for Civil Liberties,
Exchequer Street,
Dublin 2.