A SENIOR Fine Gael backbencher has said any changes in the bail laws must be clearly and narrowly defined so as not to interfere with the right to be considered innocent until proven guilty.
Mr Charles Flanagan, chairman of the Dail Committee on Legislation and Security, said he recognised there were problems with the bail laws. "Changes, however, must not in any way trample on the fundamental liberties of the citizen," he said at a party conference on crime in Portlaoise.
"Against the background of, daily calls for immediate and radical changes to our bail laws it must be remembered that bail is a fundamental constitutional right and not a privilege that may be granted, withdrawn or revoked at the whim of a Garda officer. This constitutional right goes to the heart of our criminal justice system, representing a basic pillar of justice: the right of innocence until proven guilty."
He said he recognised that the Republic had the most liberal bail laws in western Europe, and that almost 4,500 crimes were committed each year by persons on bail. This weakened confidence in the criminal justice system, and therefore changes in the bail laws were necessary.
The courts should have more, discretion on bail, said Mr Flanagan, and to allow this, a referendum appeared necessary. But "any changes to our bail laws must be clearly and narrowly defined". Changes should deal with cases where an accused is caught red handed and deemed likely to commit crime again before trial.
He said the lengthy delay between charging an accused and his trial must be shortened. This would mean that those on bail would spend less time awaiting trial.
If bail was to be revoked regularly, the absence of a specific remand centre was very unfair. A special remand centre should be established as a separate arm of the prison service, "as it is unjust to treat the innocent in the same manner as the convicted".
"While it is clear that the operation of bail in this country is not in the best interest of society, fundamental rights must be preserved and only deviated from in the most exceptional of circumstances", Mr Flanagan said.