Enda Kenny
Ceist:7 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. [1023/04]
Amharc ar fhreagraWednesday, 3 March 2004
Ceisteanna (7, 8)
Trevor Sargent
Ceist:8 Mr. Sargent asked the Taoiseach if he will report on the implementation of the Nally report; and if he will make a statement on the matter. [5658/04]
Amharc ar fhreagraFreagraí ó Béal (12 píosaí cainte)
I propose to take Questions Nos. 7 and 8 together.
The recommendations of the Nally report on the reorganisation of the Chief State Solicitor's Office have been largely implemented. Agreement with the Civil Service unions involved was achieved during 2001. The criminal prosecutions functions undertaken by the Office of the Chief State Solicitor were transferred to the Office of Director of Public Prosecutions at the end of 2001. A common promotion pool within the two offices for professional and technical promotion posts formed part of the agreement and this is now operating.
A negotiating process with local State solicitors seeks to agree on the transfer of the service to the Director of Public Prosecutions. Enabling legislation and appropriate legislative provisions are being drafted in the context of the Civil Service Regulation (Amendment) Bill which is due to be published this session.
The Taoiseach has answered this question several times in the past. It was last discussed in mid-October 2003. A key recommendation of the Nally report was the transfer of responsibility for the local State solicitor service from the Attorney General to the Director of Public Prosecutions and that this required legislation. What progress has been made to deal with the preparation of the amending legislation and the consultations between the offices of the Attorney General and the Director of Public Prosecutions to give effect to that?
In 2003, the then Director of Public Prosecutions, Mr. James Hamilton, gave a rare media interview in which he spoke candidly about the workings of his office and difficulties outside his control. In particular, he voiced concern about the inconsistency of sentencing for similar crimes and the backlog of cases that can result in a delay of several years before cases come before the courts. Having regard to the mantra that justice delayed is justice denied, will the Taoiseach outline the actions taken to clear this backlog which is outside the control of the Director of Public Prosecutions and requires direct action from the Government?
The main elements of the report have been implemented. The recommendations of the Nally report based on one of the main findings of the study group was that no major change in the broad structure of the present system would be justified because the acceptability of the system was seen as a potent factor which should not be lightly risked in favour of an untried alternative. The study group addressed the issue of greater cohesion in the criminal justice system. Among the recommendations was the transfer of responsibility for the criminal justice division of the Chief State Solicitor's Office and the local State solicitor's office to the office of the Director of Public Prosecutions, and these issues have been dealt with. In response to Deputy Kenny's point about the legislation, negotiations have continued over recent months with the State solicitors' association and they have been dealt an offer in the negotiation. Discussions are ongoing and they await a detailed response.
The offer made following discussions over several months was intended to achieve agreement on the changes required in transferring responsibility for the State solicitor service to the Director of Public Prosecutions. The main changes advocated in those discussions were that State solicitors should specialise in criminal work for the future, that they would agree to the termination of their existing contracts and a new work programme for the regime would be put in place. The enabling legislation to allow these changes be made will be included in the Civil Service Regulation (Amendment) Bill which is to be published in this session.
Does the Taoiseach know if there are any unfilled positions in the office of the Director of Public Prosecutions given the backlog of work there? Is he in a position to say whether any work is outsourced from the office of the Director of Public Prosecutions to private solicitors and, if so, what the nature of that work might be?
Three or four years ago, we had a major difficulty finding staff, but we increased the numbers significantly and now there is an increase of 75 staff, including 66 in the professional technical staff complement in both solicitors' offices. That was part of the agreement and there was a new recruitment scale for solicitors to replace the existing two lower grades. There was a sizeable increase of 14 extra technical staff and recruitment to a series of posts such as legal clerks who are all in place now. The Chief State Solicitor's Office has approved most of the additional staff and the staff complement averages 225 over the past year. The office now has 17 vacancies comprising nine professional, five technical, and three support posts. While that number is quite high, it is nothing compared with the vacancies a few years ago. There is high turnover in that office because many young solicitors and staff work there for a few years and then move on. There is a continuous movement although this is not as great as it was three or four years ago.
It is chilling to recollect the atrocity that brought about the recommendations of the Nally report. Will the Taoiseach say in the meantime whether any action has been initiated on the recommendations, for example on keeping better records, North-South contacts, production of a written code of instructions, guidelines on intelligence gathering and agent handling and the prospect of introducing legislation on intelligence gathering and agent handling, and whether any action has been taken in regard to any of those matters? Will the Government support litigation being taken by the families against one of the suspects and what type of support will the Government give them whether by way of advice or money? Having regard to the security matters involved, there have been calls for a restricted report. Is there any hope of such a report being released?
Is the Deputy referring to a different report?
I am referring to the Nally report.
The Taoiseach is discussing the Nally report dealing with the re-organisation of the Chief State Solicitor's Office.
To assist the Deputy, I can understand the confusion because there are two Nally reports.
I asked about the Nally report on the question I tabled. It was obviously grouped with another question on the basis of that confusion. The Taoiseach is familiar enough with the circumstances to allow an answer to my question.
There are two Nally reports and Question No. 8 was linked with Question No. 7 on the basis that they referred to the report referred to in Deputy Kenny's question. The second Nally report was debated here recently. The Minister for Justice, Equality and Law Reform is dealing with and is answerable to the House on that report. It is more appropriate to address those questions to him.