Michael Noonan
Question:7 Mr. Noonan asked the Taoiseach if he will report on the implementation of the Nally report on re-organisation of the Chief State Solicitor's Office; and if he will make a statement on the matter. [1143/02]
Ceisteanna – Questions. - Nally Report.
Ruairí Quinn
Question:8 Mr. Quinn asked the Taoiseach the progress made to date in the implementation of the Nally report on the Chief State Solicitor's office; and if he will make a statement on the matter. [3509/02]
I propose to take Questions Nos. 7 and 8 together.
The Nally report contained two recommendations relating to the re-organisation of the Chief State Solicitor's office. The first recommended that, subject to agreement on adequate staffing levels and appropriate staff structures, the criminal division of the Chief State Solicitor's office be transferred to the Office of the Director of Public Prosecutions to form a unit headed by a solicitor to the Director of Public Prosecutions.
The second recommendation is that responsibility for the State solicitors be transferred from the Attorney General to the Director of Public Prosecutions, with legislative provision to enable the Director of Public Prosecutions to delegate to them.
The first of these recommendations has now been fully implemented. The formal transfer of responsibility for criminal prosecution work to the Office of the Director of Public Prosecutions took place on 3 December 2001. The transfer of personnel from the Chief State Solicitor's office to the Office of the Director of Public Prosecutions also took place on that date.
The transfer of responsibility for the State solicitor service, which will require legislation, is currently under consideration. Proposals are being developed with regard to how the State solicitor service will be managed by the Office of the Director of Public Prosecutions. The proposals will be discussed with the State Solicitors' Association as part of the arrangements for the formal transfer.
Will the Taoiseach confirm if a prosecution solicitor has been appointed at the Office of the Director of Public Prosecutions? If so, what are the functions of this person? If not, what functions are envisaged once such a person is appointed?
That person has been appointed. He was appointed earlier on in the process so he could organise the changes that were envisaged in the Nally report. This involved working to develop a common pool of staff, developing the new structures in compliance with the 1974 Act, and handling all the arrangements that were put in place. The individual concerned, who has a prosecution role, reports directly to the DPP, is responsible to the DPP and acts in his capacity as solicitor to the DPP.
A number of questions arise from the Taoiseach's reply. On 14 November 2001, the Taoiseach indicated there would be an increase of 75 staff, approximately 66 of whom would be in the professional and technical complements. Will he indicate what the present level of staffing is and whether all the additional professionals have, in fact, been recruited? Secondly, will he indicate what the position is with regard to the new premises which were acquired in Abbey Street and were expected to be ready for occupation by the end of January?
The new premises on Abbey Street were occupied on 25 or 28 January – the last week in January. The figures pertaining to the DPP – not the Chief State Solicitor's office – are 55 and 20. Of the 55 additional posts in the legal-administrative grades – 29 posts in the professional, legal and technical areas – 17 have been filled. Eight remain to be filled and four remain to be filled in the legal-technical field. The interviews have taken place for those. Further progress may have been made in the past few days. The only delay was in terms of office accommodation and this was due to interviewing and filling posts at the same time. There were 21 posts in the administrative areas, seven of which have been filled with four at interview stage. Of three posts in the IT area, two have been filled and one is waiting to be filled. The two library posts have been filled. The clerical staff are now being recruited by the Civil Service Commission. The office has just advertised for technical staff and a recruitment campaign for its main professional staff either has, or is about to, commence.