Michael McDowell (Dublin South East, Progressive Democrats)

It is not to be assumed that the Director of Public Prosecutions does not take into account the interests of a child when deciding whether to initiate a prosecution against or about that child. The DPP must take into account whether it would damage the child to bring him or her to court to give evidence. He must also consider whether it is reasonable, having regard to the overall social and common good, to institute prosecution against a child.

The director has a broad discretion under common law and, in accordance with the preamble to the Constitution and the overall requirement that everything we do should be informed by justice and charity, he believes this permits him not to make rigid or unfair decisions that are damaging to children.

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