Ruairí Quinn
Question:1 Mr. Quinn asked the Taoiseach if he will outline any new procedures for the appointment of a new Director of Public Prosecutions; and if he will make a statement on the matter. [14413/99]
Ceisteanna–Questions. - Director of Public Prosecutions.
The procedures for the appointment of the Director of Public Prosecutions are set out in the Prosecution of Offences Act, 1974, and in the Prosecution of Offences Act (Section 2) Regulations, 1974. There are no proposals to change the procedures for appointment. It is, however, proposed to change the terms and conditions of service of the new DPP. It is intended that the new DPP will be appointed for a seven year term and that this term will not be renewable.
Did the Taoiseach say the term will not be renewable?
The term will not be renewable.
Therefore it will be a seven year fixed term.
The position will be linked to that of Secretary General, something which did not exist in 1974. Secretaries General serve for seven year terms.
I welcome the fact that the issue of the term is being addressed. We have been very well served by the incumbent, but serving from 1975 to 2000 is an extremely long tenure in the context of any position, particularly one as sensitive as that of Director of Public Prosecutions. In the context of finalising the terms and conditions, will the Taoiseach consult with the Committee on Justice, Equality and Women's Rights or another appropriate body to see whether there can be a broader consensus in relation to the structure of this most important office?
I presume the Deputy's suggestion relates to consideration of the terms of employment of the DPP. I think the terms of employment are set down but must be laid before the House for a period of 21 days. Apart from superannuation I do not think there are any other substantial changes to the terms of employment. The review body, on examining the post in 1992, stated that the position should be linked to that of Secretary General and the terms are essentially similar.
Regarding the legislative framework under which the DPP is appointed, has the Taoiseach or the Government examined the relevant Act with a view to seeing whether a different procedure for appointment might be more appropriate than simply a decision of Government?
Fairly wise people drew up the structures 25 years ago and the procedures are set out in the Act. The process is as follows: the Taoiseach requests the selection committee to select candidates for appointment to the Office of the Director of Public Prosecutions, the committee meets on a date and time determined by the Chief Justice and places an advertisement inviting applications, the committee selects suitable candidates for appointment and informs the Taoiseach, the director is appointed by the Government from among those selected by the committee. The committee comprises the Chief Justice, the chairman of the Bar Council, the president of the Incorporated Law Society, the Secretary General to the Government and the senior legal assistant in the Office of the Attorney General, while an officer of the Department of the Taoiseach acts as secretary to the committee. As with all such posts, the Government tends to do what is recommended.
I wish to refer to the selection board, the composition of which is probably in line with what was recommended 25 years ago, comprising almost exclusively of legal person ages. If legislation was currently before the House we would probably seek to have a representative of the social partners and certainly a representative of the consumer organisations and the general public included in such a board, rather than have it virtually exclusively composed of senior legal personnel, particularly given the indication from the Taoiseach that the Government would be highly unlikely to do any more than simply accept the recommendation of the board.
The position is very closely aligned to the legal area and the Deputy is correct in saying the legislation was drafted on the basis of the board having a legal base. I am not sure we would include consumer interests on the board given the independence of the post of DPP.
Perhaps a public representative could be included.
I wonder about that. There is in place a fairly strong legal committee. Admittedly, it includes the Secretary General to the Government who is always an eminent and wise person.
Noting the importance of the position of DPP and of it being an independent body, would the Taoiseach consider it appropriate that the position be advertised so that people wishing to apply would at least be able to submit CVs etc. to the body so they could be considered? I suggest this in place of bringing forward another method of selection which might be perceived as deriving from a very small group.
Under section 3(1) of the regulations the post must be advertised, and advertisements will be placed in the national newspapers.