Joe Costello (Dublin Central, Labour)

I move amendment No. 33:

In page 12, line 30, after "circumstances" to insert the following:

"either at all or without a specific direction from the Director of Public Prosecutions".

This relates to the desire of the Minister that all prosecutions emanate from the Director of Public Prosecutions and to give a standard, unifying mechanism for prosecutions. If my amendment were accepted section 8(5) would read:

Directions under subsection (4) may be of a general or specific nature and may, among other things, prohibit members of the Garda Síochána from—

(a) instituting or conducting prosecutions of specified types of offences or in specified circumstances, either at all or without a specific direction from the Director of Public Prosecutions.

This makes clear that the Director of Public Prosecutions is entitled to prohibit members from instituting certain kinds of proceedings, either at all or without specific reference to him. It seems this would improve the situation by clarifying it. It is consistent with what the Minister seeks to achieve in this legislation, namely, prohibiting members of the Garda Síochána from the institution of prosecutions and transferring the function exclusively to the DPP.

See this speech in context