Dáil Éireann Debate, Thursday - 18 December 2025
571. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration the number of crimes recorded where the suspected offenders were on bail, by county and category of offence, to date in 2025, in tabular form; and if he will make a statement on the matter. [73684/25]
View answerThe presiding judge is entirely 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 court. With that said, it is totally unacceptable that offences are committed by people on bail. That is a direct breach of their promise made when bail is granted by the Court.
Our laws, particularly the Bail Act 1997 (as amended), provide for the refusal of bail in particular circumstances in line with the Constitution. In addition, the Bail Act provides that a person charged with a serious offence may be refused bail if the court is satisfied that this is necessary to prevent the commission of a serious offence.
Under the Bail Act, if a person fails to comply with any bail conditions, the judge may issue a bench warrant, mandating An Garda Síochána to arrest and bring the person before the court. In addition, the 2017 Act strengthened Garda powers to deal with breaches of bail, including a power to arrest, without warrant, a person where a member has reasonable cause to suspect that that person has breached, or is about to breach, a bail condition and the member considers the arrest necessary in order to prevent harm to, interference with, or intimidation of, a victim or witness.
While bail laws in Ireland are comprehensive, I am committed to ensuring they are fit for purpose while ensuring fundamental rights principles are adhered to. Last May, I announced that I intended to appoint a Senior Counsel to undertake an assessment of the current operation of bail in Ireland, both legal and practical. The commissioning of the report arose from concerns regarding bail processes and their applicability to recidivist offenders. Mr. Lorcan Staines SC was subsequently appointed to undertake the review. His report ‘An Assessment of the Efficacy of Bail Laws in Ireland’ was published by my Department in November 2025.
His recommendations include investment in improved information sharing systems for both An Garda Síochána and the Courts Service; the implementation of an adult bail supervision scheme to ensure the proper management of recidivist offenders; changes to bail legislation to significantly expand the conditions which may be attached to the granting of bail; and further legislative amendments to improve the legal framework surrounding bail, including consideration for the legal supports for the expected operational implementation of electronic monitoring in 2026. The electronic monitoring project is progressing - a request for tender for a pilot phase was published earlier this month and is expected to be operational in 2026.
I am committed to keeping our bail laws under review and any further useful amendments that are identified will be introduced as appropriate.
In relation to the data requested by the Deputy, the Garda Commissioner is responsible for the management and administration of An Garda Síochána under Section 33 of the Policing, Security and Community Safety Act 2024. This includes all operational policing and recording of data. However, to be of assistance I have sought the information requested in the Deputy's query and I will write to the Deputy further once it is available.
