Dáil Éireann debate -
Wednesday, 9 Jun 1993

Vol. 432 No. 1

Written Answers. - Accountability of Director of Public Prosecutions.

John Bruton

Question:

113 Mr. J. Bruton asked the Taoiseach if he will consider introducing a system of accountability for the Director of Public Prosecutions in respect of cases where he decides not to prosecute, involving the director explaining the situation, on a confidential basis, to assessors who are independent of his office where a significant complaint has been received.

The Taoiseach

As I undertook here in the House on 18 May I have consulted the Attorney General in this matter.

The position is that in enacting the Prosecution of Offences Act, 1974 the Oireachtas decided — wisely, in my opinion — that the Director of Public Prosecutions should be independent in the performance of his functions in order to guard against undue or inappropriate pressures being brought to bear in particular cases. Such pressures would be equally wrong whether they were directed to having the director prosecute somebody or not prosecute. I do not see how that independence could be maintained under such a system as the Deputy proposes because in essence it would amount to a review of the director's decision. I would also see considerable practical difficulty in devising a system for selecting the cases which were to be referred to the proposed assessors and those which were not.

It would also seem difficult to justify treating cases where the director had decided to bring a prosecution differently from cases where he had decided not to do so.