Ruairí Quinn
Ceist:9 Mr. Quinn asked the Taoiseach the progress, if any, in relation to the implementation of the strategic management initiative within the Office of the Attorney General; and if he will make a statement on the matter. [20171/98]
Ceisteanna—Questions. - Attorney General's Office.
Ruairí Quinn
Ceist:10 Mr. Quinn asked the Taoiseach the steps, if any, taken following the report of the Review Group on the Law Offices of the State; and if he will make a statement on the matter. [20172/98]
Ruairí Quinn
Ceist:11 Mr. Quinn asked the Taoiseach the proposals, if any, the Government has in relation to the Office of Statue Law Reform and Consolidation in the Attorney General's office; and if he will make a statement on the matter. [20173/98]
John Bruton
Ceist:12 Mr. J. Bruton asked the Taoiseach the terms of reference of the group set up under the auspices of the Attorney General's office to examine the role of the Garda in prosecuting and investigating crime. [19401/98]
Ruairí Quinn
Ceist:13 Mr. Quinn asked the Taoiseach the work programme of groups examining the role of gardaí in prosecuting crime; the legislative measures, if any, under consideration; and if he will make a statement on the matter. [22601/98]
I propose to take Questions Nos. 9 to 13, inclusive, together.
The strategic management initiative instigated a wide ranging programme of modernisation throughout the Civil Service and the public service involving both legislative and administrative action. The Office of the Attorney General is part of the general practice. For instance, the office published a statement of strategy, 1997-9 in April 1997, is subject to the Freedom of Information Act for matters of general administration and is involved in the developments relating to financial management, such as administrative budgets and the internal management of the advisory committee system.
Key developments relating to the office this year are the publication of the first annual report in May, the Attorney General's decision to consent to the application of the Public Service Management Act to his office with effect from 1 September-the Director General of the office is required to prepare and submit to the Attorney General a strategy statement within six months of the coming into operation of the Act in respect of that office, and this is now in preparation; and the expected availability of the Irish Statute Book on CD ROM at the end of the month.
Other developments, such as the establishment of the Statute Law Revision and Consolidation Unit within the Office of the Attorney General are in hand. Discussions between the Office of the Attorney General and the Department of Finance about the staffing of the new unit and the overall staffing requirements of the State's drafting services are continuing.
The report of the Review Group on the Law Offices of the State was published on 24 February 1998. The Government accepted the recommendations of the review group for a study of proposals for a unified prosecution service, a separate statute law revision and consolidation unit and a consultative committee among the law offices.
The membership and terms of reference of the group, which is to review the legal and organisational arrangements for the public prosecution system, were announced on 6 October 1998. The study will be carried out under the auspices of the Attorney General and the group will be chaired by Mr. Dermot Nally, former Secretary to the Government. A press release listing the membership and terms of reference of the group was placed in the Oireachtas Library and I am circulating the relevant details with this reply for inclusion in the Official Report.
The group will consider, inter alia, whether there is a continuing role for the Garda to prosecute as well as to investigate crime. It will consider whether and in what circumstances prosecutions should be conducted by members of the Garda. The secretariat for the study will be provided by the Institute of Public Administration and the group has been asked to report back to Government by mid-June next year. The group, which held its first meeting on 2 November, has invited submissions from interested individuals and organisations by 18 December.
The review group recommended that a consultative committee be established, on a trial basis of two years, to promote greater liaison and communication among the law offices on issues of common interest. The committee has been established and has met twice to date. It is chaired by the Office of the Attorney General and membership includes the law officers, the Law Reform Commission and the departmental legal advisers. The following are the group's terms of reference.
Study of Public Prosecution System.
TERMS OF REFERENCE.
The study group is to review the legal and organisational arrangements for the public prosecution system, and, in particular, to consider
1. whether there is a continuing role for the Garda to prosecute as well as to investigate crime;
2. whether all prosecutions should be conducted by lawyers;
3. whether, and in what circumstances, prosecutions should be conducted by
(a) barristers or solicitors employed by the Director of Public Prosecutions as prosecutors
(b) independent practitioners at the Bar
(c) independent solicitors who have a contractual relationship with the Director of Public Prosecutions, the Attorney General or his Office (including the Office of the Chief State Solicitor)
(d) solicitors employed by the Attorney General or his Office
(e) members of the Garda Síochána;
4. whether there should be any changes in the functions of the Criminal Trials Section of the Chief State Solicitor's Office and local State Solicitor's Office, local State Solicitors and the Director of Public Prosecutions and his Office.
5. whether there are aspects of the public prosecution system in comparable jurisdictions which could, with advantage, be adopted here.
6. identify, and cost in full, the resources required for any changes proposed and is to ascertain the views of all relevant parties and agencies involved.
Membership
|
Mr. James Hamilton |
Director General, Office of the Attorney General |
|
Mr. Michael Buckley |
Chief State Solicitor |
|
Mr. Simon O'Leary |
Deputy Director, Office of the Director of Public Prosecutions |
|
Ms Frances Cooke |
Revenue Solicitor |
|
Mr. Patrick Howard |
Principal Officer, Department of Finance |
|
Mr. James Martin |
Principal Officer, Department of Justice, Equality and Law Reform |
|
Mr. Noel Conroy |
Deputy Garda Commissioner |
|
Mr. Peter Jones |
President, State Solicitor's Association |
|
Mr. Peter Charleton, S.C. |
Barrister |
|
Dr. Finbarr McAuley |
University College Dublin |
|
Mr. Kevin Haugh |
Judge of the Circuit Court |
|
Mr. Denis McCullough S.C. |
Bar Council of Ireland |
|
*Judge Michael Reilly |
Judge of the District Court |
*appointed subsequent tot issue of press release on 6 October, 1998
I thank the Taoiseach for taking Questions Nos. 9 to 13 together. I do not think time will permit us to address all of these matters.
I welcome the Taoiseach's statement and wish to ask three specific questions. First, can he indicate when the publication on CD ROM electronic data storage of all post-1922 legislation will become available, and can he indicate the retail price of that disc? Supplementary to that first question, can the Taoiseach indicate when pre-1922 statute legislation will become available on CD ROM?
The second question relates to the integrated prosecution service. Do I take it — or is this a separate and totally unrelated question — that the Revenue Commissioners could be free to initiate and to pursue into the courts cases they wish to prosecute and will not be dependent on the Office of the Director of Public Prosecutions?
Third, can the Taoiseach indicate whether, under the Director General — that is the term the Taoiseach used, but I think he meant the Secretary General — that Department of the Attorney General can be considered to be virtually integrated in a manner similar to other Government Departments in terms of its internal operation? Do I take it that the acceptance of the strategic management initiative, publication of annual reports and so on, means that this previously rather secretive office has now come out into the open and will be treated like other Government Departments?
In terms of strategy statements, subject to the Freedom of Information Act, for matters of general information although not for everything, financial management, the administrative budget system, the publication of an annual report and the Attorney General's decision to comply with the Public Service Management Act, the reply to the Deputy's question is "yes". "Director General" is the title used by the Office of the Attorney General. The reply to the Deputy's question about the Revenue Commissioners is also "yes", but I will check it to make sure.
I do not have the retail price for the CD ROM, but I have seen the figure and my recollection is that it is not excessive.
The first issue of the Statute Book on CD ROM will include the statutes from 1922 to 1997 and the statutory instruments from 1973 to 1997. It will be available shortly and the updated issue will be available in the middle of next year. It will contain all the Acts from 1922 to 1998 and all the statutory instruments from 1922 to 1998. It will be an entire package of material since the foundation of the State. This work is almost finished and will be finalised next summer. The cost of the project is approximately £825,000. I have no information about whether any work has been done on the pre-1922 period.
The Minister of State dealt with this question on a previous occasion. The proposed retail price for law offices was ludicrously low. Having regard to the similar cost to prepare the pre-1922 legislation of approximately £1 million, the State should on behalf of its citizens recoup the cost of the first phase. It should ensure that the second phase can be financed from the sales of the first phase.
I will consider that suggestion.
It is a pity that so many important questions are being taken at the last minute and there will not be time to delve into the replies. Regarding the review group on the prosecution service, will the Taoiseach tell the House why there is only one woman member of the body from a total of 13? Given that the prosecution service is so relevant to victims of crime and people who must seek justice in the courts, will the Taoiseach consider appointing a representative of the consumer side of the courts service, such as Victim Support, Women's Aid or the National Women's Council? They would represent people who suffer as a result of the prosecution service. Will the Taoiseach tell the House why it was only possible to find one woman to sit on the review group in view of the Government's professed desire to have the membership of bodies made up of 40 per cent women?
As the Deputy is aware, the Government has a good record in this area.
The Minister for Public Enterprise, Deputy O'Rourke, has been castigated recently.
That is not the case.
It happened last night.
I do not agree with what the Deputy said.
The Taoiseach without interruption.
I recently appointed women in a number of areas, including the Revenue Commissioners and consumer affairs. The appointments to the board, including the Attorney General, parliamentary draftsmen, the Director of Public Prosecutions and the Chief State Solicitor, were subject to title rather than gender. It happens that most of them are men.
There are female draftspeople and female principal officers.
I will raise the matter with them but most of the appointments related to title and their position.
What about the consumer side?
I appointed Ms Caroline Gill.
Only one woman?
Most of the appointments related to their title and position.
Questions to the Taoiseach must conclude now as the time has expired. We will proceed to questions nominated for priority to the Minister for Public Enterprise.