Bail reform dismissed a cosmetic

THE proposed amendment to reform the bail laws was a cosmetic and superficial exercise to divert attention from the gross inefficiency in the court system," a criminologist said last night.

Dr Paul O'Mahoney` described the reform as a blatant attack on the presumption of innocence and the right to bail.

He was speaking last night at a poorly attended public debate in Dublin

The Minister of State for Justice, Ms Joan Burton, told the audience of about 30 that the proposed reform was a gain "for the rights of the community and a gain for public safety".

She added that the issue would be decided by a judge in the same way as it was decided at the moment. All the Government proposed was "that one more additional reason be added, i.e. where it is considered that the accused may commit another serious offence".

She said there was no absolute right to bail, the Government was not introducing a new concept and the proposal was "strictly in accordance with the European Convention on Human Rights".

A barrister, Ms Mary Ellen Ring, questioned politicians' commitment to the proposed amendment. She said that, if they were not convinced by the proposed referendum to reform the bail laws, "then let them be honest and say so".

Ms Ring said that Fine Gael was the only Government party to launch a campaign on the proposed bail reform. Neither of the other Government parties had taken part in the public debate on the proposed amendment. In addition, more than 10 Fine Gael TDs had been invited to the debate but had declined.

There were many TDs in both the Labour Party and Democratic Left who were active in civil rights but had not taken part in the debate. If TDs supported the proposal they should speak out. Likewise if they were against it they had a duty to say so.

"Tinkering with the Constitution should not be done lightly."

Ms Valerie Bresnihan, the chairwoman of the Irish Penal Reform Trust, said the proposed changes in the bail laws would do nothing to reduce crime, but might make matters worse.

"As long as our prison system is chaotic and our judicial system inefficient, the actual consequence of the referendum on bail being passed will be a worsening of an already bad situation".