The Minister for Justice has expressed concern about the way the Constitutional law on bail is being applied in the State.
Speaking to the media this morning following the publication of crime statistics for the first quarter of 2006, Michael McDowell said gardaí had "in the past expressed frustration that their testimony has been listened to but in the end didn't count" in a bail hearing.
Asked whether he was concerned the courts are being "too lax" in their application of the bail laws, Mr McDowell said: "The people of Ireland changed the Constitution . . . that where evidence was tendered to a court that somebody accused of a serious offence would be likely to use being granted bail to commit further serious offences, that the courts should in those cases refuse bail to a person accused.
"And in my view, the people went to the ballot boxes and changed the law to make it stronger. I do believe it is the case that the criminal justice system must respond to that change."
He added: "I fully appreciate that the presumption of innocence is important, but when the people altered the Constitution in the way they did, everybody has to fully uphold the value and the spirit of the Constitution, not just its technical letter."
The 16th amendment to the Constitution passed in December 1996 permits courts to refuse bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of another serious offence by that person.