Expert to offer advice to Government on bail tagging

The Government is to appoint an expert to advise it on the introduction of electronic tagging for people on bail.

Tagging is one of a range of measures introduced by the Government last year with the purported aim of imposing stricter bail terms.

The measures are in response to growing disquiet at crimes, including burglaries and aggravated burglaries, suspected of being carried out by people on bail, often for similar offences.

The proposals, including curfews and increased Garda arrest powers for people breaching bail, were published as a bill in July 2015 and described as being the first comprehensive review of bail laws since 1997.

Under the Criminal Justice Act 2017, the prosecution in a case can apply to the court for electronic monitoring to be part of the conditions of bail. The legislation was enacted in June last year, but provisions in relation to tagging have not been implemented yet.

Because of the technicalities and associated costs of running an electronic tagging system, the Government established a committee to examine the issue.

Electronic tagging is used on a limited basis by the Irish Prison Service under separate 2006 legislation, but Justice Minister Charlie Flanagan has indicated that the new system for those on bail will be different.

In a statement to the Irish Examiner, the Department of Justice said: “Extensive preparations are under way to ensure these provisions can be implemented and more importantly, to ensure they can be effective.”

A working group on electronic monitoring was set up to examine the issues. Chaired by the department, it contains representatives from An Garda Síochána, the Courts Service, the DPP, the Irish Prisons Service, and the Probation Service.

The committee compiled a report and submitted it earlier this year to the department for consideration.

The department spokesman said they are looking at bringing in an expert to assist with the next stage of going out to tender.

The department is currently engaged with the Office of Government Procurement (OGP) to try and identify a suitable expert from within the existing OGP frameworks to advise the department on electronic monitoring pre-market consultations,” he said.

He said “given the sensitivity” of the discussions between the department and the OGP, it will not be publishing the working group’s report at this time.

The 2017 legislation also expands the factors which a court may take into account in refusing bail and gives the court the power, in certain cases, to hear evidence from the victim of an offence before a decision is taken.

Figures indicate that 130 prisoners have been tagged since the regime in prisons was introduced in 2013, with 59 inmates monitored last year, at a cost of €166,000.

The Government also approved last June draft legislation providing for the use of tagging in the post-release supervision of sex offenders.

That provision is contained in the Sex Offenders (Amendment) Bill and is now due to go before the Oireachtas justice committee.