Michael Noonan
Question:1 Mr. Noonan asked the Taoiseach if he will report on the implementation of the Nally report on reorganisation of the Chief State Solicitor's office; and if he will make a statement on the matter. [20938/01]
Ceisteanna–Questions. - Office of the Chief State Solicitor.
Ruairí Quinn
Question:2 Mr. Quinn asked the Taoiseach the progress made regarding the implementation of the Nally report on the Chief State Solicitor's office; and if he will make a statement on the matter. [23719/01]
I propose to take Questions Nos. 1 and 2 together.
The Nally report contained two recommendations relating to the reorganisation of the Chief State Solicitor's office. One recommended that, subject to agreement on adequate staffing levels and appropriate staff structures, the criminal division of the CSSO should be transferred to the DPP's office to form a unit headed by a solicitor to the DPP, with statutory clarification that its professional staff would be professional staff of the DPP within the meaning of the Prosecution of Offences Act, 1974. The second recommended that responsibility for the State solicitors should be transferred from the Attorney General to the DPP, with legislative provision to enable the DPP to delegate to them. Arrangements for the transfer of responsibility for criminal prosecution work to the Office of the Director of Public Prosecutions are at an advanced stage. As I mentioned in earlier replies, an appointment to the post of Chief Prosecution Solicitor to the DPP was made some time ago. An agreement with the union representing professional and technical staff was concluded in May of this year and discussions with the clerical union have now been finalised. The personnel changes required to establish a separate Office of Chief Prosecution Solicitor to the DPP are being put in train. Formal transfer of responsibility is now imminent. The transfer of responsibility for the State solicitor service has been under consideration and a discussion process with the State Solicitors' Association is being established. Any formal transfer must await the outcome of that discussion process.
Staff shortages have caused ongoing problems for the efficient operation of the State Solicitor's office. When the Taoiseach last answered questions on this topic he indicated that there were 40 unfilled vacancies. Have those been filled?
The main features in the package agreed were an increase of 75 staff, including 66 in the professional and technical staff complements. A number of the positions have been filled, but not all. Under the new package there is agreement on salary terms, the recruitment campaign, confined competitions, filling promotions from outside the office and co-operation on the implementation of the Nally report. There is a new recruitment grade in place for solicitors, 52 additional professional staff – including 12 posts of senior solicitor – will be appointed. A number of these positions have been filled while advertising and competitions are ongoing for the others.
Is the Taoiseach evaluating the improvement as a result of the implementation of the Nally report? What system of measurement is being used? Will the Taoiseach report on any improvements or are the delays in the Chief State Solicitor's office and the Office of the DPP as bad as ever?
No, the system has had a number of improvements in the past four or five years. This latest package, which was holding up the implementation of the Nally report, has certainly helped. An evaluation and implementation group is overseeing the changes and the work involved in it. The new office of the Chief State Solicitor and the DPP is in place. Premises have been obtained on Abbey Street and are expected to be ready for occupation in January. The long-term plan is to house all the DPP's staff in one premises. The introduction of office-wide IT systems, a new organisational structure, additional staffing and provision of a modern library have helped with efficiencies in the offices. The new staff is fully in place and agreement on the union management negotiations should help ongoing work.
The Taoiseach gave a not dissimilar reply to this series of questions on 30 May regarding the agreement that had been achieved with the unions and a promise of the implementation of the agreement due for later that month. The reply indicated that the accommodation needs were already satisfied. In the light of the ongoing issues, which I fully acknowledge are difficult and complicated, when is it envisaged the full terms and recommendations of the Nally report will be implemented? When will the transfer of function from the Chief State Solicitor's office to implement the State Claims Agency – which I understand will be under the office of the National Treasury Management Agency – take place? Is that part of the reform package the Taoiseach is trying to overview?
The issue of the claims agency is separate, but it is going ahead under the National Treasury Management Agency.
Is the transfer of function from the Chief State Solicitor's office also going ahead?
Yes, that is going ahead and there is separate legislation for it. Most, but not all, of the items identified by the study group as being required were taken on board. Two ends of the negotiations were tied down in May, the first was with the solicitors and members of IMPACT and the other – which is being finalised now – was with the clerical staff. Other aspects included office management procedures, IT, the library and others and they have now been completed. The solicitor and his staff are in place. I am not suggesting everything is totally in order, it will take some time to bed down all of this. The difficulties which delayed this for a considerable time have been overcome. I record my thanks to everybody involved in this from both the management and staff sides. There were many changes. It is moving well and hopefully the remaining professional staff – who are the most difficult to recruit – will be attracted. The new recruitment scale amalgamates the two lower solicitor grades. It gives qualified solicitors a far better starting salary and a better incremental scale. I hope that will resolve that problem. The scale runs from approximately £24,000 to £40,000 in a six year period.
I take it the Cabinet must approve the function transfer orders in the name of the Taoiseach. Has that taken place? If not, when will it take place?
The arrangements for the transfer of responsibility for criminal prosecution work to the Office of the Director of Public Prosecutions have not yet been made but they are at an advanced stage. The chief prosecution solicitor to the DPP's office, who will formally take over these powers under the 1974 legislation, has been in place for several months. The formal orders have not yet been brought to me but all the work is going ahead. I understand the orders should be with me shortly. The reason for the delay is the office did not want to make the orders until all the structures were in place.
I welcome the progress to which the Taoiseach alluded. At the end of the day the improvements will only be measured by way of greater efficiency and shorter times in terms of dealing with matters of public importance. Will the Taoiseach elaborate on pay arrangements? The new offices will only be successful if there are sufficient recruits to take up positions. The rate of public sector pay vis-á-vis private sector pay is one of the greatest incentives. Have the pay negotiations been completed to the satisfaction of all concerned?
Yes, the pay agreement with the staff side has been concluded and the agreement also covered conditions, the location of staff and a range of other issues. The pay agreement for professional and technical staff has been concluded and has been backdated to 1 April 2000. That was subject to the staff agreeing to co-operate fully with the implementation of the Nally report and the acceptance and operation by the staff of the new work practices. Deputies Noonan and Flanagan both asked about the efficiency of the procedures in the office relating to IT and IT-linked work management systems.
The pay structures have been resolved. There has been recruitment at the higher level of legal clerk rather than law clerk on the technical side. Deputy Howlin referred to my statement in the House in May. Fourteen extra technical staff have been appointed with nine senior positions created and the current grades of legal clerk, senior legal clerk, legal staff officer have been amalgamated into two grades of staff officer and higher executive officer. There are also new opportunities for support and technical staff.
As a result there is a cadre of staff who can transfer within the various legal offices of the State. The benefit for them is there are more promotional outlets and they can move around the system rather than being stuck in one area and that is better. It is a substantial package which allows the Nally recommendations and other work on efficiency to proceed.
I draw the Taoiseach's attention to the backlog in sexual abuse cases in the system. Will these improvements help in that particularly sensitive area?
I have no information on that but I will ask the Attorney General to raise the matter at his meetings. These significant extra resources and staff complement the considerable work that was begun by former Attorney General, Dermot Gleeson. Significant resources have been invested to overhaul the office over the past six years under three Attorneys General, Gleeson, Byrne and McDowell. I hope the end result of the collective work which has been supported with a great deal of resources from the State is a far better service.
- An Bille um an gCúigiú Leasú is Fiche ar an mBunreacht (Beatha Dhaonna le linn Toirchis a Chosaint), 2001: An Dara Céim (Atógáil). Twenty-fifth Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill, 2001: Second Stage (Resumed).
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