asked the Minister for Justice if the Attorney General, when he decides not to proceed with any given prosecution on the grounds of lack of evidence, informs the Garda authorities of his reasons.
Ceisteanna—Questions. Oral Answers. - Prosecution Procedures.
58.
I understand that there is no fixed formula by which the Attorney General's decision is conveyed to the gardaí. It depends on the particular facts of each case whether an analysis of the evidence is included.
When the Attorney General decides there will be no prosecution because of lack of evidence is it the practice to inform the Garda of the grounds for arriving at that conclusion in order to allay any fears the Garda might have?
I think that is done. I should point out that neither I nor my Department has any first-hand knowledge of the procedures involved. We do not enter into the picture at all. The files go direct from the Chief State Solicitor's office to the Attorney General's office.
Would the Minister not consider that it would be in the public interest to give the gardaí at local level an outline of the grounds on which it is decided not to proceed because of lack of evidence? Such a practice should be recommended by the Minister to the Attorney General. This would stop comment.
I think that is the position. In any event, the Attorney General is independent of me and I would think it improper for me to seek to give him directions as to how he should convey his decisions.