I propose to take Questions Nos. 7 and 8 together.
I am informed by the Attorney General that he has made himself aware of the facts of this case. Counsel who was retained by the Director of Public Prosecutions to prepare the book of evidence in the case did not do so before the date fixed by the District Court for its production, and the district justice struck out the charge. Another counsel was then nominated by the Director and he has prepared the book of evidence. The Attorney General is satisfied that, contrary to some newspaper reports, no default can be attributed to any member of the Chief State Solicitor's staff in this matter. The General Council of the Bar of Ireland have informed the Attorney General that they are investigating a complaint of delay on the part of a member of the junior bar which they have received from relatives of the victim. Since a warrant has been issued for the arrest of the accused person in question, that prosecution is sub judice and it would not be proper for me to say anything further about that particular case.
There are no records of the exact number of cases which were struck out in the past 12 months for non-presentation of the book of evidence within the time fixed by district justices. However, I understand that in the great majority of such cases the book was subsequently presented and directions were given to recharge the accused person.
As for the preparation of books of evidence generally, I am informed by the Attorney General that there are a number of reasons why their preparation may be delayed on occasion. For example, gardaí or civilian witnesses whose evidence has to be included in the book of evidence may not be available through illnesses, absence on holidays or other cause, thus delaying the completion of the Garda file on which the book is based. There has also been a substantial increase in the number of criminal cases coming before the courts.
In addition, some time ago, there was a significant shortage of staff in the office of the Chief State Solicitor resulting from the effect of the embargo on recruitment to the public service. This was a cause of delay in the production of books of evidence by that office, which prepares the book of evidence in the great majority of cases in the courts in Dublin. Following representations by the Attorney General, the Government decided that the Minister for the Public Service should authorise an exception to the embargo and extra staff have, as a result, been appointed to the office of the Chief State Solicitor. This has produced a considerable improvement in the situation and a continuing improvement is anticipated when the recruitment of the balance of the authorised extra staff, now in progress, has been completed.