Ruairí Quinn
Question:7 Mr. Quinn asked the Taoiseach if he will make a statement on the progress made to date in the implementation of the recommendations of the Nally report on the Chief State Solicitor's office. [19841/00]
Ceisteanna–Questions. - Chief State Solicitor's Office.
Ruairí Quinn
Question:8 Mr. Quinn asked the Taoiseach when it is expected that the new proposed position of solicitor to the Director of Public Prosecutions will be created; and if he will make a statement on the matter. [20074/00]
Ruairí Quinn
Question:9 Mr. Quinn asked the Taoiseach the progress made to date with regard to the implementation of the recommendations of the report, Recommendations for Change in the Chief State Solicitor's office; and if he will make a statement on the matter. [20076/00]
John Bruton
Question:10 Mr. J. Bruton asked the Taoiseach the number of recommendations of the Nally report on the working of the Chief State Solicitor's office which have been implemented; the number of recommendations yet to be implemented; and if he will make a statement on the matter. [21076/00]
I propose to take Questions Nos. 7 to 10, inclusive, together.
The specific recommendations in the Nally report on the public prosecution system relating to the Chief State Solicitor's office were the transfer of the Criminal Division of the CSSO to the DPP and the transfer of the State Solicitor Services from the Attorney General to the DPP. Neither has been fully implemented at this stage.
I have indicated previously that a group comprising representatives from the Department of Finance, the Office of the Attorney General, including the Chief State Solicitor's office, and the Office of the Director of Public Prosecutions, was set up to oversee implementation of the recommendations. A key part of the arrange ments for the transfer was the staffing levels and structures necessary in the enhanced prosecution services and, in parallel, in the CSSO. Extensive negotiations took place with the IMPACT Trade Union and proposals were put to the members but were rejected. Efforts to find a solution are continuing. In preparation for the transfer, there are regular meetings between the DPP's Office and the CSSO to discuss all the issues involved.
Management and staff side agreement was reached on filling the new post of solicitor to the DPP. Arrangements to fill this post are in train and an appointment is expected soon. The person appointed will have a key role to play in the implementation process.
The transfer of responsibility for local State solicitors has received some preliminary examination but the detailed arrangements must await the appointment of the solicitor to the DPP.
A team comprising CMOD (Department of Finance) and the CSSO compiled the report Recommendations for Change in the CSSO. It dealt with a range of administrative procedures and practices within the office and a number of the recommendations have already been implemented. The report is in the Library of the Houses and I will arrange to have an update on the present position in relation to the recommendations also placed in the Library.
I can add that the Office of the Attorney General, including the Chief State Solicitor's office, has recently completed the tendering process for a new IT plan. The first phase of this would be the development of information, application and technical strategies for the offices. It will include an examination of each area of the office, their business requirements and their liaison requirements with all stakeholders.
I thank the Taoiseach for his comprehensive reply. I am not sure whether he stated that the new position of solicitor to the Director of Public Prosecutions had in fact been provided for. In a report in a newspaper of 25 April 2000 it was indicated in an interview with Mr. James Hamilton that legislation would be required to create that post. I am not sure in the context of the Taoiseach's reply whether that specific post and the necessary legislation to underpin it had been introduced. If it has not happened are there plans to introduce it?
As I said in my reply, management and staff side agreement was reached on filling the new post of solicitor to the DPP. Arrangements to fill this post are in train and an appointment is expected soon. Obviously legislation is not required.
Will the Taoiseach agree that of all the technical services available to Government at national and local level the legal services have been deficient in terms of the numbers of personnel who are available to it, for a variety of reasons? Has he considered, therefore, in the light of the failure of the Government to fill the necessary posts at national and local level, the contracting out of some of the services to ensure that the State and its citizens get the necessary and speedy legal service which they require?
There has been an enormous increase in staffing in the past five or six years and again recently there has been a large increase in staffing levels. With the implementation of the Nally report, whatever the final IR resolutions are to this issue, there will be a further substantial filling of posts. There is no ideological reason for not contracting out legal work. In the recent past work has been contracted out in many areas to lighten the work load. The Government would prefer that legal work which is considered to be of a specialist public law and of central importance to the Government and the State would be done by the State legal services but with other work where there is no difficulty many Departments are doing that. The kind of work that should be held within the system are judicial reviews, constitutional challenges, cases where significant issues of principle for the State are to be decided. In other cases, and increasingly so, more and more of the work is being contracted out.