Enda Kenny
Question:1 Mr. Kenny asked the Taoiseach if he will report on the implementation of the Nally report on the reorganisation of the Chief State Solicitor’s office; and if he will make a statement on the matter. [24232/05]
View answerWednesday, 19 October 2005
Questions (1)
Oral answers (21 contributions)
The recommendations of the Nally report regarding the re-organisation of the Chief State Solicitor's office have been largely implemented. Agreement with the unions involved was achieved during 2001. The criminal prosecution functions undertaken by the Chief State Solicitor's office were transferred to the Office of Director of Public Prosecutions at the end of 2001.
A common promotion pool within the two offices, between the CSSO and the solicitors' division of the Office of the Director of Public Prosecutions, for professional solicitor and technical promotion posts formed part of the agreement and this now operates. A negotiating process with local State solicitors is currently under way seeking to agree on the transfer of the service to the DPP. A review of the current workload of local State solicitors and their expense base is almost completed. Enabling legislation and appropriate legislative provisions are contained in the Civil Service Regulation (Amendment) Act 2005, which was signed by the President on 9 July 2005.
Last year the Taoiseach informed the House that there were 17 vacancies in the Chief State Solicitor's office of which nine were professional, five were technical and three were support posts. Does he have the information on what posts were filled or are those positions still unfilled?
Perhaps the Taoiseach has information about the amount of work outsourced from the Chief State Solicitor's office to private solicitors. Is there cost involved for the taxpayer and if so, how much is it? If work is to be outsourced is this because of lack of expertise arising from manpower difficulties in the Chief State Solicitor's office?
The CSSO has recruited mostly additional approved staff. The staffing complement has averaged about 225 over the past year. The office currently has 12 vacancies comprising one professional post, eight technical and three support staff posts.
Similarly, the office of the Director of Public Prosecutions has recruited additional staff, as sanctioned, and currently has a serving staff complement of approximately 170 full time equivalents. I understand there are only one or two vacancies in the DPP's office, which are in the process of being filled. On the question of outsourcing, there is no reason for not contracting out legal work if the CSSO wants to do this. In the recent past it has contracted out some specific cases where the workload involved was beyond the capacity of the office to handle. It was not that it did not possess the technical expertise, but rather it related to the volume of work. The office has made extensive use of counsel, also, in dealing with its day to day case load.
As regards the DPP's office, more prosecution work is outsourced to barristers in private practice than in most other common law jurisdictions. The tendency in other common law jurisdictions is to make greater use of in-house lawyers, but the DPP's office still outsources a large amount of work to private practice.
Does the Taoiseach recall that when he launched the report on the regulatory impact analysis, RIA, in July, he also announced the establishment of a new business regulation group? In the course of that he spoke of the burdens faced by the Irish business community in terms of regulations. Can he outline to the House——
That is not relevant to Question No. 1.
I beg the House's pardon.
As regards Question No. 1, did the Taoiseach see the story in The Irish Times about an extradition warrant for a paedophile, which went missing?
I did not.
I thought it was the type of thing that might stick in his mind, if he had seen it. Will he comment on how it happened——
That matter does not arise out of this question.
——in the context of the efficacy of the Chief State Solicitor's office?
It does not arise out of this question.
We are talking about the implementation of the Nally report for the reorganisation and efficiency-——
If the Deputy has a specific question, it should be addressed to the relevant line Minister. It certainly does not arise out of this question.
The Ceann Comhairle may relax. The Taoiseach is well able to handle it.
The Taoiseach may well be able to handle it, but he may not be out of order any more than the Deputy.
The Ceann Comhairle does not disagree with the Deputy's confidence in the Taoiseach.
Is the Taoiseach aware of the case to which I refer?
That matter does not arise out of this question. This question deals with the reorganisation of the Chief State Solicitor's office. It is a single question in the name of Deputy Kenny. If Deputies were to raise every case of justice in the country we should be here until midnight.
The whole purpose of the Nally report was to ensure that these organs of the State are functioning to optimum efficiency. I am merely pointing to one case that appears to suggest that they are not functioning as efficiently as we thought, after the implementation of the Nally report. With respect, I suggest this is a perfectly legitimate way to ask the Taoiseach——
The Chair has ruled on the matter. As the Deputy well knows, the question is only specific in so far as it refers to the Taoiseach's responsibility, not that of line Ministers.