Dáil Éireann Debate, Wednesday - 1 July 2026
29. Deputy Matt Carthy asked the Minister for Justice, Home Affairs and Migration his plans to implement the recommendation in the ‘An Assessment of the Efficacy of Bail Laws in Ireland’ that Section 33 of the Domestic Violence Act 2018 - breach of a domestic violence court order be added as a scheduled offence to the Bail Act 1997; and if he will make a statement on the matter. [49291/26]
View answerThe report completed by Mr Lorcan Staines SC ‘An Assessment of the Efficacy of Bail Laws in Ireland’ was published by my Department in November 2025.
While bail laws in Ireland are comprehensive and the Bail Act 1997 has been revised and strengthened several times, this examination of our bail laws and subsequent proposals underlines the need for additional actions to be considered, 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 already in the process of being implemented, across 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.
The Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026, which was passed by Dáil Éireann on 10 June and is currently before the Seanad, provides for additional offences to be considered “serious offences” for the purposes of the Bail Act 1997.
The Bill amends the Schedule to the Bail Act 1997 to add the offence of intimidation of witnesses, jurors and others under section 41 of the Criminal Justice Act 1999, the offence of failing to comply with notification requirements under section 12 of the Sex Offenders Act 2001, and the offences of coercive control and forced marriage under sections 38 and 39 of the Domestic Violence Act 2018 to the Schedule. This would allow a court to refuse bail to persons charged with the offences where the court considers it necessary to prevent the person from committing a serious offence.
Regarding a specific amendment to Section 33 which covers a breach of multiple different types of domestic violence orders, a core component is the urgency that can typically surround them. By increasing the penalty for a breach of such an order, the threshold for obtaining such an order in the first place will be increased, giving rise to a risk of reluctance on the part of the court to grant the order.
With that said, I am committed to keeping our bail laws under review and any further useful amendments that are identified will be introduced as appropriate in order to strengthen the protection for victims of domestic violence.
Any potential amendments will be considered along with the wider ongoing reforms being undertaken to tackle DSGBV including any implementation of the recommendations of An Assessment of the Efficacy of Bail Laws in Ireland’.
These amendments will help ensure that bail laws remain fit for purpose and will enhance the criminal justice system’s ability to effectively mitigate against the risks that might be posed by those on bail.
