Vol. 452 No. 3
1 Ms O'Donnell asked the Taoiseach the average length of time between the forwarding of a file from the Garda to the Director of Public Prosecutions and the decision by the Director of Public Prosecutions to proceed or not to proceed to trial; the number of cases in the Director of Public Prosecution's office at present awaiting determination; and if he will make a statement on the matter. [7845/95]
In approximately 90 per cent of investigation files received from the Garda, where the investigation has been completed by them, directions issue from the Office of the Director of Public Prosecutions within two-four weeks. From a total of 2,491 files received in that office from 1 January to 27 April this year — of which 239 were received in the period 19-27 April 1995 — a total of 342 are currently being examined in the office and thus are awaiting determination. In other words a determination has been made in the remainder of the 2,491 cases.
When the file is sent from the Garda to the Office of the Director of Public Prosecutions who deals with it? Who makes the final decision as to whether a prosecution will ensue? Is there any consultation between the Garda and the person dealing with the file in the Director of Public Prosecutions office? Has the Taoiseach any idea what correspondence is entered into and whether correspondence is entered into with other parties in relation to a prosecution?
I am afraid I cannot answer most of those questions fully. Obviously the Director of Public Prosecutions is independent in his functions and from time to time may wish to seek further information on a file from the Garda but I could not advise the Deputy exactly on the quality, frequency and nature of such consultations. However, I would be happy to make inquiries from the Director of Public Prosecutions and get a statement from him for the Deputy on the nature of consultations with the Garda on a file in the Director of Public Prosecutions office.
The Taoiseach did not say who deals with the file. Does a senior official or a team of lawyers deal with the files when they come to the Director of Public Prosecutions office? Who makes the final decision? Is it up to the Director of Public Prosecutions?
The Director of Public Prosecutions is like any Government Department or any other entity, it acts as a unit. It is not a question of individuals.
Is the Taoiseach satisfied with the operation of the Office of the Director of Public Prosecutions?
Broadly speaking I am.
Will the Taoiseach accept that the reason for delays in criminal trials is the arraignment procedure and that there is an urgent need for a new criminal procedure Act.
I would not wish to give a personal view on that matter. Indeed, Deputy O'Donoghue might well be more qualified than I to make such a statement. It is a point of view on which I will ask the Director of Public Prosecutions to report to me and I will pass the results of any such advice to the Minister for Justice for consideration as to legislation.
The matter has been discussed a number of times in the House. Has the Taoiseach changed his thinking on this matter? Does he still hold his original opinion that the Director of Public Prosecutions office should not be accountable to anybody?
I have already elaborated my views on the question of publication of information about decisions taken by the Director of Public Prosecutions. I have explained to the House, in some detail, why I hold my view. I would not necessarily accept the characterisation of my position that the Deputy has put forward in his supplementary question.
I would like to press the Taoiseach on his reply when he said a team of people have responsibility for the work. Is that the case? Surely there is one person who is responsible for the decision as to whether a prosecution will be brought or what happens with the file? I remind the Taoiseach of the difficulties in this area which arose in the Attorney General's office in the Fr. Brendan Smyth affair where it transpired that one particular official had responsibility for the file. Is the Taoiseach happy that there is collective responsibility rather than individual responsibility? This should be the responsibility of the Director of Public Prosecutions.
The Deputy is subtly changing the question. She asked initially what individuals dealt with the file and I was not in a position to give that information. In any event I do not regard it as relevant because the office acts as a unit. Ultimately there is an individual who is accountable for the office——
To whom?
——under the legislation. That person is the Director of Public Prosecutions.
The Taoiseach undertook to examine the idea of suggesting to the Director of Public Prosecutions that, perhaps, a quarterly progress report or a regular statistical report would be made available? Are there any further developments on that?
I conveyed that request for consideration to the Director. I do not have any report on it to hand but I will make further inquiries and communicate with the Deputy.
The Taoiseach said the Director of Public Prosecutions is accountable but he did not say to whom. How does the Taoiseach judge whether the DPP is performing his duties in a satisfactory manner if there is no annual report to the Taoiseach or to this House as the performance of the duties of the Office of the DPP?
The House should be careful not to impinge on the statutory independence of the officer in question.
There is no subject upon which I have answered questions, apart from the peace process, with greater frequency and depth and detail than on the Office of the Director of Public Prosecutions. I consider the answering questions here as a process of accountability. There is accountability for the overall operations of the office. I have given the detail the Deputy sought with some care. A survey was carried out to answer the Deputy's question — which ought to be acknowledged in the House — with a view to giving precise answers but, as I have made clear with painful repetitiveness, I do not believe it is a good idea to get into political accountability for individual decisions as to individual prosecutions. I have given my reasons for that repeatedly in the Dáil. I do not believe there should be accountability to this House in regard to individual prosecutorial decisions. There should, however, be accountability, as this question reflects, on the overall operations of the Office and that is something for which I am personally accountable to the House.
