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Dáil Éireann debate -
Wednesday, 26 Jun 1996

Vol. 467 No. 5

Ceisteanna—Questions. Oral Answers. - Office of the Director of Public Prosecutions.

Liz O'Donnell

Question:

4 Ms O'Donnell asked the Taoiseach the implications, if any, for the Office of the Director of Public Prosecutions of the recent report and recommendations of the Strategic Management Initiative; and if he will make a statement on the matter. [13539/96]

The central theme of the strategic management report, Delivering Better Government, is the provision of excellent quality services to the customers of the Civil Service at all levels. This is based on the devolution of authority and accountability to the most appropriate level, supported by legislative change, human resource management change, new financial management systems and better use of information technology. The appropriate arrangements for devolving authority and accountability in respect of constitutional and independent office holders such as the Director of Public Prosecutions will be considered in the context of the forthcoming legislation to amend the Ministers and Secretaries Act, 1924 and the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Bill, 1995. The Government has already announced its intention to table an amendment to the latter Bill which would allow for the compellability of the Director to attend before a committee to answer questions on statistical and general policy issues arising from the annual reports which it is envisaged he will henceforth publish.

In the meantime, the office of the Director of Public Prosecutions, in common with other Departments and offices, has already embarked on a strategic management initiative process. An initial assessment report of the structures, procedures and resources of the office has been carried out by Grant Thornton Consulting Limited. In addition, the Department of Finance is carrying out a review of the structures and organisation of the office, which is nearing completion. These studies will form the basis for long-term strategic decisions regarding the most effective and efficient organisation of the Office.

The DPP's office was involved in the staff briefings accompanying the launch of Delivering Better Government on 2 May. I am arranging to send the Deputy the tailored leaflet prepared in respect of the office of the DPP which was circulated to staff.

I thank the Minister of State for her comprehensive reply. I am interested to hear there is a special report dealing with the response of the DPPs office to the strategic management initiative. I ask the Minister of State to place that in the Oireachtas Library so that Deputies interested in reform of the DPP's office can have sight of it. The Minister of State said the purpose of the strategic management initiative is to ensure there is open and transparent delivery of services to our citizens from all the organs of State. Will she agree it is essential that our State prosecution service is included in this new culture of openness and, to that end, will she confirm that an annual report on the DPP's office will be published and laid before the Oireachtas for debate? On the status of the SMI's ongoing investigation in relation to the DPP's office, is the Director of Public Prosecutions willing to appear before a Dáil committee, not to discuss particular cases — that would be unacceptable — but in regard to the functions of his office? Has the Minister of State had any correspondence on this matter from the Director of Public Prosecutions?

On the latter point, I personally have not had any correspondence but I will inquire whether more senior officeholders than I have received correspondence. It is not my function to be involved directly with the DPP on that matter. It is envisaged that the DPP's office will produce an annual report. When it is published it will be in the public domain and can be debated either by a committee of the House or the House proper, as it sees fit. We are amending the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Bill to allow the Director of Public Prosecutions attend before a committee of the House to answer questions on statistical and general policy issues arising from his annual report. I envisage that any aspect that would not compromise the independence of the Director's position could be discussed by a committee of the House. All organisational aspects of the DPP's office can be discussed but prosecutorial and other specific issues would not be within the ambit of any committee or group of this House.

In relation to improving accessibility to the DPP's office and the prosecution service generally for members of the public, particularly victims of crime who are currently excluded from the entire prosecution process, will the Minister of State indicate whether it has been considered in the course of the examination of the DPP's office that a victim liaison service should be available, as is the case in Britain, to keep victims informed of criminal prosecutions as they go through the various delays and difficulties that can arise? Is the Minister of State aware there is a victim liaison officer attached to the Crown Prosecution Service in Britain, in addition to a Freefone number for members of the public who have an interest in a particular case and who want to be kept informed of developments in a particular matter?

I am not aware of any specific proposals for a victim liaison service but much work is being done in relation to the DPP's office. Apart from the initial assessment by Grant Thornton Consulting Limited, to which I referred in my reply, the Department of Finance is engaged in a study which will conclude by the end of July. The work is completed but the conclusions are currently being cross-checked with the Department of Justice and the Chief State Solicitor's office. An O and M study of the Chief State Solicitor's office being carried out by Deloitte and Touche is expected to be completed by September. That is of relevance in the context of the ongoing debate on a unified prosecution service. In the months ahead a great deal of information will be published in relation to the prosecution service generally and perhaps we will then have a fuller debate on all these issues in a more structured way. I do not have any specific information before me in relation to a victim liaison service but I will inquire for the Deputy whether such a proposal is contained in any of the reports to which I referred.

I thank the Minister of State for a comprehensive reply. I am delighted some progress has been made in this matter. Other Departments which have been part of the strategic management initiative have indicated they will issue a statement of strategy later this year in response to proposals for better Government. Will the office of the DPP, like other Departments, present a strategy?

The annual report will be equivalent to a statement of strategy. Many Departments are using this vehicle to publish their statements of strategy. There are many issues involved but time does not allow us to discuss them in sufficient depth. One of the critical aspects of the SMI, for example, is the devolution of authority from a Minister to senior management. The office of the DPP is independent and, while we seek devolution of authority, it must be considered in a separate context. It will happen to the extent that it will not compromise the independence of the office of the DPP.

An element of the studies being carried out at present is concerned with coming to conclusions as to exactly what strategic management will mean with regard to the office of the DPP. What greater accountability and transparency can we have? There is no doubt that we need more, but to what extent can one go without compromising the independence of the DPP or the process of fair prosecutions? There is room for accountability about the criteria on which prosecutions are taken. If the national airwaves can be used to discuss such matters, this House should be entitled at least to the equivalent, although probably in a more structured way.

When will the annual report be published and will additional staff be required in the office of the DPP as a result of the change?

I am not sure when the first report is due. This is one of the matters being addressed by the Department of Finance study which will be completed and published by the end of July. There will be more specific information available then. It has not been indicated whether additional staff will be required.

The Minister of State indicated that the compellability of witnesses legislation was relevant in this regard. Is the Minister of State not aware that the Director of Public Prosecutions has indicated a fundamental objection in principle to compulsory attendance at Dáil committees and will this not present a problem which must be planned for now, given that the Bill is at Committee Stage?

He told us that on "Liveline".

I and the Government are aware of the views of the Director of Public Prosecutions. The Government has decided to amend the Committees of the Houses of the Oireachtas (Compellability, Privilege and Immunities of Witnesses) Bill with regard to the Director to ensure that he or she can attend before a committee to answer questions of a statistical and general policy nature arising from annual reports.

The office of the DPP, in common with other Departments, has already embarked on a strategic management initiative process. The initial assessment report on the structures, procedures and resources of the office has been carried out for the DPP by a consulting firm.

We proceed to deal with Priority Questions to the Minister for Enterprise and Employment.

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