Dáil Éireann debate -
Wednesday, 1 Dec 1999

Vol. 512 No. 1

Written Answers. - Departmental Office Procedures.

John Bruton

Question:

8 Mr. J. Bruton asked the Taoiseach the administrative, procedural or staffing changes to arise in the office of the Director of Public Prosecutions arising out of his report to the Attorney General on the organisational aspects surrounding the handling of the prosecution of a case against persons (details supplied); and if he will make a statement on the matter. [24909/99]

John Bruton

Question:

9 Mr. J. Bruton asked the Taoiseach the administrative, procedural or staffing changes to arise in the office of the Chief State Solicitor arising out of the report to the Attorney General on the organisational aspects surrounding the handling of the prosecution of a case against persons (details supplied); and if he will make a statement on the matter. [24910/99]

Ruairí Quinn

Question:

10 Mr. Quinn asked the Taoiseach the steps, if any, being taken to address the administrative shortcomings of the offices of the DPP and the Chief State Solicitor identified in the report of a case (details supplied); the further steps, if any, being taken to deal with the shortfall in resources and the heavy workload in the Chief State Solicitor's office which the DPP concluded contributed to failures in the case; and if he will make a statement on the matter. [25140/99]

The Taoiseach

I propose to take Questions Nos. 8 to 10, inclusive, together.

The Attorney General sought a report on the organisational questions arising from the events surrounding the case in question. The DPP's report was made public as soon as the director made a decision on a possible retrial.

The report contained five specific recommendations for improvements in procedures. The Chief State Solicitor's office has implemented the first four. The fifth suggested a review of the procedure whereby one solicitor prepares the book of evidence and a different solicitor attends court at the trial. This will be considered in the context of the transfer of criminal prosecution work from the CSSO to the DPP.

In my reply to questions on 19 October last about the Nally Group report on the public prosecution system, I informed the House that the Government had accepted the Group's key conclusions and recommendations and had agreed to implement immediately the recommendation to transfer the criminal division of the CSSO, as well as the State solicitor service, to the DPP.

The process to implement that recommendation is under way. A group comprising the Department of Finance, the office of the Attorney General, including the CSSO, and the office of the DPP has been set up to oversee the transfer. The group is considering the staffing levels and structures necessary in the enhanced prosecution service. The objective is to implement the changes without delay and I understand that it is intended to advertise the new post of solicitor to the DPP shortly. The staffing position in the CSSO is being examined in parallel.

The Nally report also contained a number of recommendations designed to improve the information and communication capabilities of the prosecution system and these will also be implemented.

Following a review of the Chief State Solicitor's office in 1996 there were a number of changes, including the introduction of new technology and a re-organisation within the office. However, these have not addressed the problems fully. The workload of the office has continued to expand at an unprecedented level, not least arising from the hearing loss cases and the need to service tribunals.

The Attorney General is particularly conscious of the difficulties faced by the Chief State Solicitor's office especially as regards staffing levels and recruitment. I want to assure the House of his and the Government's concern and determination to address the difficulties of the office as a matter of urgency.

Other developments such as the more proactive approach to the management of personal injury claims against the State envisaged by the establishment of a State claims agency will also reduce the burden on the CSSO by reducing the volume of litigation.