Coalition set to hold bail referendum later in year

A REFERENDUM on bail is to be held later this year, the Govmment announced yesterday. The right to silence in drug trafficking cases is to be restricted in an amendmen to the Criminal Justice (Drug Trafficking) Bill next week.

The three Coalition leaders, with the Minister for Justice, Mrs 0wen, finally agreed the components of a crime package at an emergency meeting before the removal ceremony of murdered Journalist Veronica Guerin yesterday.

Faced with a barrage of opposition and public criticism of inaction following the murder of Det Garda Jerry McCabe and Ms Guerin, Mr Bruton said last night that the constitutional referendum would permit bail to be refused "because of the danger of the commission of serious offences".

The accompanying arrangements would provide for a compulsory review by the court of refused bail applications after four months if the trial had not taken place.

The Coalition leaders also agreed that legislation would be introduced to require cash or its equivalent to be lodged as part of bail; to require persons going bail to guarantee the good behaviour of an accused pending trial and to provide that bail money might be confiscated should the accused commit an offence while on bail; and to strengthen the provisions of the Criminal Justice Act, 1984 dealing with consecutive sentences to ensure that additional penalties were imposed for offences committed on bail.

Mrs Owen will introduce an amendment at the Report Stage of the Criminal Justice (Drug Trafficking) Bill in the Dail on Tuesday restricting the right to silence in drug-trafficking cases. She had rejected a Progressive Democrat proposal to curtail the right to silence on the Committee Stage of the Bill recently.

The Government amendment will allow inferences to be drawn from the failure of an accused to disclose matters relied on in his or her defence, which could reasonably have been expected to be mentioned during Garda questioning.

Having reached agreement on a hail referendum after eight weeks of consideration at Coalition leaders' level, Mr Bruton, Mr Spring and Mr De Rossa will meet again on Monday to make progress on other crime measures, including the question of assets derived from crime, court procedures and resources and inter-agency co-operation on crime.

Commenting on the Government's proposals, Mrs Owen said: "There are moods and there are times when certain proposals will gain credence with the public. It is not a case of politicians not doing it.

The restriction on the right to silence would apply to drug trafficking offences only for the present but she proposed to examine the position generally soon.

Yesterday's meeting, she added, had ruled out the Opposition parties' call for the declaration of a state of emergency.

Mrs 0wen would recommend to the Government that it should accept Fianna Fail's Bill freezing the assets of drug barons on the word of a Garda superintendent. "But it will require a great deal of amendment. There could be constitutional problems with parts of it".

Mrs Owen said she would approach Opposition spokespersons Mr John 0'Donoghue and Ms Liz O'Donnell to seek all-party agreement on a motion on the measures required to tackle crime next week. "It would send out a bad signal if the Dail was divided on such a serious issue. This is an opportunity for politicians not to be confrontational. The public don't want to see that", she said.

The question of offering Government time to debate a newly-worded crime motion would be considered, she added.

The Minister for Finance, Mr Quinn, together with Mrs Owen, met representatives of the Revenue Commissioners, the Garda and the Customs authorities yesterday in another attempt to set up a joint group to tackle the drugs problem. The Government hopes to reach agreement with Customs and the Garda on the matter by July 18th.

It is understood that the Government is still proposing to announce a comprehensive crime and drugs package on July 25th, the day the Dail is due to be recalled.