Wording of poll the bail to be published next week

THE Government will publish the wording for the November referendum on the restriction of the right to bail after next week's Cabinet meeting.

It is also preparing separate legislation, to be published with the Referendum Bill, setting out the precise offences to which the new bail regime will apply and the criteria to be considered by the courts in deciding on bail.

The decision to pursue a strategy on bail similar to that employed on divorce Was endorsed at yesterday's Cabinet meeting, the first after a month's holidays.

It involves placing an "enabling provision" in the Constitution to give the courts the discretion to refuse bail, backed up by a separate Bill indicating the terms on which bail could be refused.

It is understood the amendment will indicate that the detention of a person before the courts pending a final decision is considered necessary for the preservation of the common good or property in certain circumstances.

The referendum on bail, already promised for November, will require an amendment to the fundamental rights provisions of the Constitution, in particular Article 40 stating that "all citizens shall, as human persons, be held equal before the law". It was promised by the Government as an integral part of its anti crime package following the murder of journalist Veronica Guerin in June.

A Government spokesman said last night that the wording of the amendment was at an advanced stage of drafting and would be finalised at next Wednesday's meeting. It was not clear, however, whether the referendum would be held on its own or accompanied by the promised referendum on Cabinet confidentiality.

The justice spokeswoman for the Progressive Democrats, Ms Liz O'Donnell, called on the Government to clarify its plans for a referendum and subsequent legislation. All too often, she added, there was political backsliding and reneging on promises of a separate remand centre.

The Cabinet also considered amendments to the Criminal Justice (Miscellaneous Provisions) Bill to provide for electronic finger printing and approved the Bill providing for the strategic alliance between Telecom Eireann and KPM Telia.