John Bruton
Question:28 Mr. J. Bruton asked the Taoiseach the terms of reference of the group set up under the auspices of the Attorney General's office to examine the role of the Garda in prosecuting and investigating crime. [19401/98]
Written Answers. - Public Prosecution System.
A high level study group has been appointed to review the arrangements for the public prosecution system. The recommendation for the study was put forward in the Report of the Review Group on the Law Offices of the State. The study will be carried out under the auspices of the Attorney General. The group will be chaired by Mr. Dermot Nally, former secretary to the Government.
The study group's task is to review the legal and organisational arrangements for the public prosecution system, and, in particular, to consider: whether there is a continuing role for Gardaí to prosecute as well as to investigate crime; whether all prosecutions should be conducted by lawyers; whether, and in what circumstances, prosecutions should be conducted by barristers or solicitors employed by the Director of Public Prosecutions as prosecutors, independent practitioners at the Bar, independent solicitors who have a contractual relationship with the Director of Public Prosecutions, the Attorney General or his office — including the Office of the Chief State Solicitor — solicitors employed by the Attorney General or his office or members of the Garda Síochána; whether there should be any changes in the functions of the criminal trials section of the Chief State Solicitor's Office and local State Solicitors in relation to prosecutions; and the organisational links and relationships between the Chief State Solicitor's Office, local State solicitors and the Director of Public Prosecutions and his office; and also to consider whether aspects of the public prosecution system in comparable jurisdictions could, with advantage, be adopted here.
The study group will also identify, and cost in full, the resources required for any changes proposed and is to ascertain the views of all relevant parties and agencies involved. The secretariat will be provided by the Institute of Public Administration and the group is to report back to Government by the end of June 1999.