THE upcoming referendum on the bail laws has not been properly thought out and may yet be judged irresponsible, according to the Auxiliary Bishop of Dublin, Dr Eamonn Walsh.
In a homily to mark Prisoners Sunday, Bishop Walsh said the proposed amendment to the Constitution had a "quick fix" appeal, but could result in an influx of remand prisoners into already over crowded prisons. Sentenced prisoners might have to be released earlier to make way for some who may not be found guilty, he added.
"As a first step, before any referendum takes place, surely we have to ask: have the existing powers available to the legislature been fully exhausted? For example, the proposal to strengthen the Criminal Justice Act of 1984 by imposing consecutive sentences for offences committed on bail might be a better way forward."
Also deserving consideration, he added, was a proposal to require those posting bail to guarantee the good behaviour of the accused, at the risk of forfeiting the bail.
"These questions deserve examination," he said. "As a people, we have not thought this proposal out sufficiently, and we may well be judged to have acted irresponsibly if it were to be rushed in with the Christmas shopping."
On the issue of temporary release, the bishop said this was central to a prisoner's family contact and eventual return to society.
We could not ignore the "root occasions and influences far crime", pretending it was an accident that 75 per cent of those in prison came from areas of lowest employment and social challenge.
"Could we forgo tax concessions in the next Budget on condition that the savings went solely into balancing the scales, ensuring that those showing the early warning signs be given the extra help and imaginative programmes that would direct their energies, talents and coping skills in constructive ways?"
