Written Answers. - Parliamentary Debates - Houses of the Oireachtas

[Deputy Jonathan O’Brien.]
Questions— 14 February 2012. Written Answers
the review of the gratuity payments and allowances system recently completed by the Irish
Prison Service; and if he will make a statement on the matter. [7769/12]
Minister for Justice and Equality (Deputy Alan Shatter): I can advise the Deputy that a
review of the prisoner gratuity payments and allowances system has been completed by the
Irish Prison Service. The review covered all aspects of the current scheme including the daily
allowance and approved work allowance. I am currently considering the recommendations
from that review and hope to conclude this shortly.
Proposed Legislation
502. Deputy Jonathan O’Brien asked the Minister for Justice and Equality his plans to
improve the bail system; the date he will bring proposals on this to the Government; and if he
will make a statement on the matter. [7770/12]
Minister for Justice and Equality (Deputy Alan Shatter): A decision to grant bail in a particular
case is a matter for the court, which is, subject only to the Constitution and the law,
independent in the exercise of its judicial functions. There is a constitutional presumption in
favour of bail, since, in the eyes of the law, a person is innocent until proven guilty. The
provisions of the European Convention on Human Rights also restrict the extent to which the
right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only
on the grounds that a person would be likely to abscond or interfere with witnesses. The Bail
Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution,
provides for the refusal of bail to a person charged with a serious offence where it is reasonably
considered necessary to prevent the commission of a serious offence by that person.
I am conscious of public concern about the extent to which offences continue to be committed
by persons on bail. I share that concern. I believe that bail law must be continually reviewed
to ensure that all possible avenues are taken to protect the public against the commission of
crime, particularly serious crime, by persons on bail. Accordingly, my Department has been
engaged in work to consolidate and update bail law with a view to presenting a clear, accessible
and modern statement of the law. In the context of that modernisation of the law, I will be
seeking to restructure the law so that it has a focus on the protection of the individual and of
the public. My intention is that the new proposals will provide better guidance to the courts
on how such protection might be provided. I am also taking the opportunity to introduce some
general improvements to bail law to improve the overall working of the bail system. I will bring
proposals to Government on the matter in the near future.
Prison Service
503. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the date on which
the five-year capital strategy for the Irish Prison Service will be completed and published; and
if he will lay a copy before the Houses of the Oireachtas. [7771/12]
Minister for Justice and Equality (Deputy Alan Shatter): The Director General of the Irish
Prison Service is in the process of preparing a draft Strategic Plan 2012-2014 which I expect
will be presented to me for consideration in April. It will contain a Capital Expenditure Plan.
Probation and Welfare Service
504. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the date on which
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