I propose to take Questions Nos. 194 and 195 together.
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 year, I appointed a Senior Counsel, Lorcan Stains, 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. These concerns were acknowledged in my apology to the family of the late Shane O’Farrell, who was tragically killed in August 2011, when struck by a car driven by a person who was on bail for a series of offences at the time.
Mr Staines’ report ‘An Assessment of the Efficacy of Bail Laws in Ireland’ was published by my Department in November 2025. I would like to express my thanks to Lorcan Staines for his work in compiling this comprehensive report.
This examination of our bail laws and subsequent proposals underlines the need for additional actions to be taken to ensure the criminal justice system effectively mitigates against risks that may be associated with individuals on bail.
A number of the recommendations are under active consideration or in progress by my Department. It is proposed that a further Memorandum for the Government will be brought on any further implementation of the recommendations in due course.
With regard to the recommendation that responsibility for the prosecution of offences be removed from an Garda Síochána so that all court proceedings be conducted by legal professionals, this recommendation was previously made by the Commission on the Future of Policing in Ireland (CoFPI). It was accepted in principle by the Government subject to a further evaluation of the implications, including resources.
A subsequent evaluation undertaken by the ‘High-Level Review Group’ (HLRG) concluded that the CoFPI change was not appropriate and recommended the implementation of what they termed the “Reform Model”. A Summary Prosecution Reform Steering Committee was then established to drive forward the detailed design and implementation of the Reform Model.
Under the Reform Model, the HLRG recommended that AGS retain responsibility for the conduct of prosecutions in court. The HLRG also recommended that the ODPP be supported in substantially enhancing quality assurance of the prosecution functions by AGS in the name of the DPP. The Group is continuing its work to implement this recommendation.
The table below lays out all of the recommendations in the report and notes consideration and progress associated with each one.
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Recommendation
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Current position
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Significant and immediate investment should be made in the information sharing systems for both An Garda Síochána and the Courts Service. The accurate recording and sharing of information between these bodies should be prioritised.
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This is a long-term recommendation. There are currently a number of projects taking place across the sector which will contribute to an improvement in the information sharing systems for both An Garda Síochána and the Courts Service, along with the system overall.
The Courts Service is undertaking a major initiative to implement a Unified Case Management System (UCMS) for criminal matters, as part of their ten-year Modernisation Programme. Under the Modernisation Programme, the Unified Case Management System (UCMS) is to replace all civil and criminal case systems within the Courts Service with one modern case management system that will enable end to end digital journeys, streamlining of processes and further data sharing with justice sector bodies.
Other notable projects in this sphere include the project to codify the criminal offence codes used by criminal justice agencies in the sector. The Department is currently reviewing what further work may be required to fully implement a recommendation such as this.
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The responsibility for the prosecution of offences should be removed from the Gardaí and all future Court proceedings should be conducted by legal professionals. I note that a Summary Prosecution Reform Steering Committee led by the Depart of the Taoiseach is currently considering this issue.
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A Summary Prosecution Reform Steering Committee has already been established, under the auspices of the Department of the Taoiseach, which is considering the design and implementation of a ‘Reform Model’ to clarify the responsibility and conducting of prosecutions in court.
This was previously recommended by the Commission on the Future of Policing in Ireland (CoFPI). It was accepted in principle by the Government subject to a further evaluation of the implications, including resources.
A subsequent evaluation undertaken by the ‘High-Level Review Group’ (HLRG) concluded that the CoFPI change was not appropriate and recommended the implementation of what they termed the “Reform Model”. The Summary Prosecution Reform Steering Committee was then established to drive forward the detailed design and implementation of the Reform Model.
Under the Reform Model, the HLRG recommended that AGS retain responsibility for the conduct of prosecutions in court. The HLRG also recommended that the ODPP be supported in substantially enhancing quality assurance of the prosecution functions by AGS in the name of the DPP.
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An amendment should be made to the District Court Rules to provide that fine-only matters shall proceed in the absence of the accused where:
i. The Court is satisfied that the accused was duly served or made aware of the time and place of the proceedings;
ii. There are no exceptional circumstances which would result in inordinate unfairness to the accused.
An accused person may later make an application to have any determination of the Court set aside on the basis that they were not been served with the proceedings or were not aware of the time and date of the proceedings.
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This recommendation is not currently subject to legislative proposals or administrative consideration. However, the Department will engage with the District Court Rules Committee on this proposal.
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Legislation should be introduced providing for house arrest (i) limited to cases where bail would otherwise be refused, (ii) including a proportionality test and (iii) allowing any party to apply for its imposition as a bail condition.
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This recommendation is not currently subject to legislative proposals or administrative consideration but will be given consideration.
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Legislation should be introduced allowing the member in charge of a Garda station to grant bail to an accused who has taken a bench warrant where there is no Garda objection to bail.
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Previously, the Department raised concerns as to the appropriateness of legislating to allow station bail to be granted to a person who is the subject of an outstanding bench warrant. The Department engaged with An Garda Síochána and the Office of the Attorney General on the proposal. While the proposal was not taken forward at that time, the Department considers there may be an alternative solution via a greater application of section 8 by the courts.
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Legislation should be introduced allowing the member in charge of a Garda station to attach conditions to a station bail bond. This legislation should set out the factors which must be considered by the member in charge in deciding whether to grant station bail.
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The specifics of this recommendation are currently under active consideration.
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A legislative provision should be introduced to allow the prosecution to appeal against the granting of bail in the Circuit Court.
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While there is no current consideration of this proposal being undertaken, consideration will be given to this recommendation.
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Current bail legislation should be amended to significantly expand the conditions which may be attached to the granting of bail to include positive obligations such as the attendance at counselling, addiction or employment services where same are available. Positive obligations should only be imposed where an evidential basis exists for their imposition and consent of the accused should be sought.
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This recommendation is not currently subject to legislative proposals or administrative consideration. However, it will be considered.
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The Bail Act 1997 should be amended to provide that a member of Garda Síochána who reasonably suspects that a person has breached a condition of their bail bond may arrest them without warrant in order to bring them before the Court forthwith for the purposes of an application for the revocation of bail or the amendment of bail conditions.
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This was previously considered with advice from the Office of the Attorney General sought in 2015. A decision was made not to pursue this legislative change as it was considered that a general power of arrest without warrant for conduct (or indeed anticipated conduct) that is not ordinarily criminal would amount to a “disproportionate interference” with Constitutional rights. However, consideration will be given to whether there is scope to expand the power of arrest for serious breaches of bail conditions, for example to prevent an individual absconding from the jurisdiction.
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The following offence should be amended to increase the maximum penalty on conviction to 5 years imprisonment if tried on indictment and should thereafter be added as a scheduled offence to the Bail Act 1997:
Section 33 of the Domestic Violence Act 2018 - breach of a domestic violence court order.
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An identical proposal is currently under consideration in the context of a private members’ bill, the Domestic Violence (Amendment) Bill 2024, which was initiated and is currently at Report Stage in the Seanad.
This proposal requires careful consideration, as increasing the penalty for this offence may have the unintended consequence of making it more difficult to obtain orders under the 2018 Act.
This was considered by the Law Reform Commission 2013 Report on Aspects of Domestic Violence. At that stage, the Commission recommended against increasing the penalty for breach of a domestic violence order under the law as it then stood on this basis. Advice is awaited to inform deliberations in the context of the Bill.
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The following offences should be added as scheduled offences to the Bail Act 1997:
i. Section 38 of the Domestic Violence Act 2018 – forced marriage.
ii. Section 39 of the Domestic Violence Act 2018 – coercive control.
iii. Section 41 of the Criminal Justice Act 1999 – intimidation of witnesses and jurors.
iv. Section 12(1) of the Sex Offenders Act 2001 – Breach of notification requirements by a sex offender
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The Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026 was published on 9 January 2026. Section 31 of the Bill provides for the offences itemised at (i) and (ii) to be added to the Schedule to the Bail Act 1997. Consideration is being given to further amending the Schedule to include the offences itemised at (iii) and (iv).
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An adult bail supervision scheme should be implemented, incorporating a wrap-around scheme with the necessary supports and services to ensure the proper management of recidivist offenders.
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Initial work has commenced within the Department on a bail support scheme specifically designed for women. Extending this to encompass a broader cohort will be considered.
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Further consideration should be given to the manner in which the system of electronic tagging is intended to operate and whether such a system would survive judicial scrutiny. If such a system is to be implemented the current legislation providing for electronic tagging should be amended to (i) limit its application to cases where bail would otherwise be refused, (ii) include a proportionality test and (iii) allow any party to apply for its imposition as a bail condition.
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The Programme for Government commits to implement electronic tagging for appropriate categories of prisoner. Existing legislation, including the Bail Act 1997, as amended, the Criminal Justice Act 2006, as amended, and the Sex Offender Act 2001, as amended, provide for electronic monitoring, in certain circumstances.
The Department is leading a cross-agency pilot project to introduce electronic monitoring (EM) for specific categories of individuals, and in line with existing legal provisions.
The pilot will focus on individuals on temporary release nationally and those admitted to bail in a pilot area. It is proposed to utilise up to 50 electronic tags during this phase. Exact numbers monitored will depend on a range of factors, including individuals’ lengths of time on bail, or on Temporary Release, and individuals’ personal circumstances, including ongoing suitability and compliance with conditions.
The pilot approach will allow for processes and procedures to be tested before a wider scale national rollout, while also supporting the agencies involved to build capability and knowledge of the EM system.
The pilot will provide the evidence necessary to assess value for money, cost, operational impacts and outcomes in advance of any decisions on wider implementation. Additionally, all new projects undertaken by the Department are assessed for overall viability before being given permission to proceed. €2.1m of funding was secured in Budget 2026 for the project to allow for staffing, procurement, and other set up costs.
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Guidelines should be developed with the judiciary in relation to the processing of bail applications, particularly where they relate to the execution of bench warrants and the fixing of recognisance.
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While there is no current consideration of this proposal being undertaken, consideration will be given to this recommendation.
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Further discussion and analysis should take place between the judiciary, the Courts Service, the Irish Prison Service and the Department of Justice in relation to the manner in which cash bail is utilised as a condition of bail and whether it should be abolished.
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The utilisation of cash bail as a condition of bail has been previously considered by the Department and relevant criminal justice agencies and involves significant complex issues. Consideration will be given to how this can be progressed.
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