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Dáil Éireann debate -
Wednesday, 4 Nov 1998

Vol. 496 No. 1

Written Answers. - Attorney General's Office.

Ruairí Quinn

Question:

26 Mr. Quinn asked the Taoiseach the progress, if any, in relation to the implementation of the Strategic Management Initiative within the Office of the Attorney General; and if he will make a statement on the matter. [20171/98]

Ruairí Quinn

Question:

27 Mr. Quinn asked the Taoiseach the steps, if any, taken following the report of the Review Group on the Law Offices of the State; and if he will make a statement on the matter. [20172/98]

Ruairí Quinn

Question:

28 Mr. Quinn asked the Taoiseach the proposals, if any, the Government has in relation to the Office of Statute Law Reform and Consolidation in the Attorney General's office; and if he will make a statement on the matter. [20173/98]

John Bruton

Question:

29 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]

I propose to take Questions Nos. 26 to 29, inclusive, together.

The Strategic Management Initiative instigated a wide-ranging programme of modernisation throughout the civil and public service involving both legislative and administrative action. The Office of the Attorney General is part of the general process. For instance, the office published a statement of strategy, 1997-99, in April 1997; is subject to the Freedom of Information Act for matters of general administration, and is involved in the developments relating to financial management such as administrative budgets and the internal management advisory committee system.

Key developments relating to the office this year are:

1. the publication of a first annual report in May,
2. the Attorney General's decision to consent to the application of the Public Service Management Act to his office with effect from 1 September 1998. The director general of the office is required to prepare and submit to the Attorney General a strategy statement within six months after the coming into operation of the Act in respect of that office, and this is now in preparation, and
3. the expected availability of the Irish Statute Book on CD ROM at the end of the month.
Other developments such as the establishment of the statute law revision and consolidation unit within the Office of the Attorney General are in hand. Discussions between the office and the Department of Finance about the staffing of the new unit and the overall staffing requirements of the State's drafting services are continuing.
The report of the review group on the law offices of the State was published on 24 February 1998. The Government accepted the recommendations of the review group for: a study of proposals for a unified prosecution service; a separate Statute Law Revision and Consolidation Unit and a Consultative Committee among the Law Offices.
The membership and terms of reference of the group which is to review the legal and organisational arrangements for the public prosecution system were announced on 6 October 1998. The study will be carried out under the auspices of the Attorney General and the group will be chaired by Mr. Dermot Nally, former secretary to the Government. A press release listing the membership and terms of reference of the group was placed in the Oireachtas Library and I am circulating the relevant details with this reply for inclusion in the Official Report. The secretariat for the study will be provided by the Institute of Public Administration and the group has been asked to report back to Government by end June 1999.
The review group recommended that a consultative committee be established, on a trial basis of two years, to promote greater liaison and communication among the law offices on issues of common interest. The committee has been established and it has met twice to date. It is chaired by the Office of the Attorney General and membership includes the law offices, the Law Reform Commission and departmental legal advisers.
Study of Public Prosecution System
Terms of Reference
The study group is to review the legal and organisational arrangements for the public prosecution system, and, in particular, to consider:
1. whether there is a continuing role for Garda to prosecute as well as to investigate crime;
2. whether all prosecutions should be conducted by lawyers;
3. whether, and in what circumstances, prosecutions should be conducted by:
(a) barristers or solicitors employed by the Director of Public Prosecutions as prosecutors;
(b) independent practitioners at the Bar;
(c) 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);
(d) solicitors employed by the Attorney General or his office;
(e) members of the Garda Síochána;
4. whether there should be any changes in the functions of the criminal trials section of the Chief State Solicitor's Office and local State solicitor's office, local State solicitors and the Director of Public Prosecutions and his office;
5. whether there are aspects of the public prosecution system in comparable jurisdictions which could, with advantage, be adopted here;
6. 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.
Membership
Mr. James Hamilton, Director General, Office of the Attorney General
Mr. Michael Buckley, Chief State Solicitor
Mr. Simon O'Leary, Deputy Director, Office of the Director of Public Prosecutions
Ms Frances Cooke, Revenue Solicitor
Mr. Patrick Howard, Principal Officer, Department of Finance
Mr. James Martin, Principal Officer, Department of Justice, Equality and Law Reform
Mr. Noel Conroy, Deputy Garda Commissioner
Mr. Peter Jones, President, State Solicitor's Association
Mr. Peter Charleton, S.C. Barrister
Dr. Finbarr McAuley, University College Dublin
Mr. Kevin Haugh, Judge of the Circuit Court
Mr. Denis McCullough S.C., Bar Council of Ireland
*Judge Michael Reilly, Judge of the District Court
*Appointed subsequent to issue of press release on 6 October 1998.
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