Jim Higgins
Question:1 Mr. Higgins (Mayo) asked the Taoiseach if he has satisfied himself with the staffing levels at the Office of the Director of Public Prosecutions outlined in the recently published 1998 annual report. [13462/99]
Ceisteanna–Questions. - Departmental Staff.
I welcome the publication of the 1998 Annual Report of the Office of the Director of Public Prosecutions. It will be a useful document for all those who deal with the office and an informative guide on the workings of the office for the general public.
The present staffing of the office is 33, not including the Director, of whom 14 are in legal grades and 19 in administrative grades. The staffing in the office is constantly under review and requests for additional staffing will receive full consideration from both me and the Minister for Finance as they arise. The workload of the office has been acknowledged by increased resources being made available to it.
(Mayo): Is the Taoiseach concerned that allowing for holidays, etc., the number of files being dealt with by each professional member of the staff, the four barristers and the ten solicitors, works out at on average 500 files per annum, that is, between two and a half and three files per day? Would he agree that it is almost physically and mentally impossible to do justice to these files, to forensically examine them and to give them the time and the type of minute scrutiny which is required to deal adequately with files which have been sent to the office by the Garda and the Chief State Solicitor's office?
The report shows that the numbers of files have increased fairly dramatically in recent years. The number of staff has increased also. There was an independent review of the office conducted by the Department of Finance back in 1995-96 which reported in the winter of 1996. Among its conclusions and recommendations was that there should not be a formalised link between staffing and file numbers but rather that the office workload should be subject to periodic review. That is what happens.
In his comments, the DPP is not raising problems about the resources of his office. He is raising the issue about the unified prosecution system, which I have mentioned here and which is the subject of the Nally review, on which next month I hope we will have a report.
(Mayo): Is the Taoiseach concerned that 26 per cent or 1,833 files of the 7,068 files which were referred to the DPP by the Garda and the Chief State Solicitor's office in 1998 were rejected? Is the Taoiseach concerned that one in four of the files, on which a great deal of work has been done and where there has been a huge amount of preparation by the Garda and by the Chief State Solicitor's office, are rejected as not warranting prosecutions?
That would appear to be a separate question.
(Mayo): No. It is related directly to staffing. I have already made the point that every legal member of the staff must deal with 500 files. Has the Taoiseach made any attempt to establish whether it is that the files are not being properly prepared or on the other hand that they are not getting the detailed scrutiny which they merit?
We are straying into an area into which we should not stray. The DPP's office is independent.
(Mayo): It is directly related. I know it is independent. This is a report where he sets out in detail—
He is independent in the performance of his functions.
(Mayo): Correct. I am asking something directly related to the content matter of the file and the report which has been put before the Dáil by the DPP.
The legal staff in the DPP's office are highly competent people and would act independently on all files so I have no comment whatever to make about that, but the resources were reviewed and reported on by the Department of Finance. They are under constant review. They have been increased. As I said, the remaining part, which the director has highlighted, about the unified prosecution system is to be reported on by the Nally report at the end of next month.
(Mayo): Does the Taoiseach share the concern of certain senior members of the Garda Síochána that there is a greater obligation of proof required by the DPP's office of files which are sent to it than would normally be required in a court?
The Deputy is asking about decisions of the DPP which cannot be questioned in this House.
(Mayo): The Taoiseach raised the issue of a unified prosecution system. What is the position in that regard?
Again, that would appear to be a separate question. We are dealing with the staffing levels of the Office of the DPP.
(Mayo): My question relates to the Office of the DPP.
The question is on staffing levels.
(Mayo): Questions have long been asked about the efficiency of the Office of the DPP. It has been recommended that from the point of view of its efficiency, it might be worthwhile considering the streamlining of the office, with a view to having a unified prosecution system.
The Deputy is referring to the decisions of the DPP.
(Mayo): The Taoiseach already raised the issue; I am asking whether he would like to elaborate further on it.
The question quite specifically relates to staffing levels.
(Mayo): Will the Ceann Comhairle allow the Taoiseach to reply to a specific issue he raised?
The Taoiseach may reply to questions on staffing and efficiency of the office, but not on its decisions.
The annual report on the Office of the DPP reveals that the office's workload is a heavy one. The office provides effective and efficient service; that has been acknowledged in various independent reviews. As regards the handling of files and the connection the Deputy is making with efficiency, the reviews state that no files showed signs of unnecessary, extensive or unwarranted delay. This was established by the management consultants' report in the winter of 1986. It is hoped that the Nally report will be available by the end of next month.