Dáil Éireann díospóireacht -
Tuesday, 30 Jun 1998

Vol. 493 No. 3

Written Answers. - Prosecution of Offences.

Eoin Ryan

Ceist:

361 Mr. E. Ryan asked the Minister for Justice, Equality and Law Reform the practice that now operates as regards the initiation of prosecutions by summons rather than by arrest; and the changes, if any, envisaged in view of the Bail Act, 1997. [15693/98]

Eoin Ryan

Ceist:

365 Mr. E. Ryan asked the Minister for Justice, Equality and Law Reform the guidelines, if any, drawn up by the Director of Public Prosecutions in relation to disclosure of evidence by the prosecution to the defence in criminal trials. [15697/98]

Eoin Ryan

Ceist:

366 Mr. E. Ryan asked the Minister for Justice, Equality and Law Reform if sections 14 and 21 of the Criminal Justice Act, 1984, have been much utilised in cases prosecuted by the Director of Public Prosecutions. [15698/98]

Eoin Ryan

Ceist:

367 Mr. E. Ryan asked the Minister for Justice, Equality and Law Reform the offences referred to the Office of the Director of Public Prosecutions for a decision to prosecute; and the offences prosecuted by members of the Garda Síochána or others without reference to the director's office in the individual case. [15699/98]

Eoin Ryan

Ceist:

368 Mr. E. Ryan asked the Minister for Justice, Equality and Law Reform the internal procedures, if any, in place regulating the discretion of members of the Garda Síochána to initiate prosecutions. [15700/98]

Eoin Ryan

Ceist:

369 Mr. E. Ryan asked the Minister for Justice, Equality and Law Reform the categories of offence prosecuted in court by members of the Garda Síochána; and the changes, if any, proposed in this regard. [15701/98]

Eoin Ryan

Ceist:

371 Mr. E. Ryan asked the Minister for Justice, Equality and Law Reform the offences in respect of which the Director of Public Prosecutions had delegated the decision to prosecute to members of the Garda Síochána; and the guidelines and procedures, if any, there are governing the exercise of this discretion by the gardaí. [15703/98]

Eoin Ryan

Ceist:

372 Mr. E. Ryan asked the Minister for Justice, Equality and Law Reform the proposals, if any, there are that the discretion of the Director of Public Prosecutions to decline consent to summary trial of indictable offences under section 8 of the Criminal Law (Miscellaneous Provisions) Act, 1997, and other similar provisions will be delegated to members of the Garda Síochána; and, if so, subject to what directions. [15704/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 361, 365, 366, 367, 368, 369, 371 and 372 together.

The Deputy has raised a broad range of issues relating to the prosecution of offences. The prosecution of offences, and the preparation and presentation of prosecution cases, are functions which are prescribed in law on the Director of Public-Prosecutions (DPP). The DPP is independent in the discharge of his statutory duties.

The Garda Síochána, of course, initiate a substantial number of prosecutions but these are processed through the courts without any reference to me and in direct consultation with the DPP as appropriate.

I will examine the range of issues raised by the Deputy and, in so far as any of them relate to my area of responsibility, I will respond to him on those issues in due course.