Bertie Ahern (Dublin Central, Fianna Fail)

I hope I was not vague. I certainly did not intend to be vague. Subject to correction — I will have to check for Deputy Kenny — I think 20 cases were covered by sections 1(1) and 1(2).

Regarding the new procedures, it is clear a communication issue arose in the context of the handling of the case. As I pointed out, that did not take from the work done by the offices of the DPP and the Attorney General. Deputy Kenny made a very direct implication and inference that the work should have been better, and asked how come it was better last week than in the previous case. The case had been competently dealt with by the staff of the DPP and the AG. They fought that case to their best ability, winning in the High Court and, admittedly, losing in the Supreme Court.

Legal teams on behalf of the State, both staff and outside counsel, do not win every case. The fact the Attorney General had not been informed as per the procedures drawn up by civil servants in 1995 was not the reason for losing the case. I made that clear several times. It should not be necessary to keep making that point. In any procedural case or protocol on any set of systems in a Department, if a human error is made, a human error is made. I have no interest in jumping all over a person who did not report it. It is fairly clear, however, it would be better if an exact blow by blow account comes out in a report. I spent the past few days examining this and it is very clear what happened. However, let it come out in its own time.

Deputy Kenny stated to me that this must all be independent. However, before the Government changed ten years ago when Deputy Kenny was in Government and Mr. Gleeson was the Attorney General, it was good enough that three officials draw it up. That it should be entirely different now is a political point to which I will not succumb. If it was good enough for three officials to draw it up, just one official is now necessary to check back where the systems failure was. It is fairly clear and it will be fairly easy to see. Let Mr. O'Sullivan make that report for the future.

I will make one point to Deputy Kenny. Nobody is trying to duck anything. What happened last week was a shock to the system and appalling in every way. However, that is what happens. It is the Supreme Court's right to make a judgment and it did so. It would have been better if it had been communicated as per the procedures. However, it would not have made any difference. I know that and Deputy Kenny knows that. What we now need to do is get it right for the future.

It is clear a communications issue arose in the context of the handling of the case. I have been informed by the Attorney General that he has put in place new procedures — and that he has been examining this for the past few days to try to close off this issue — as follows. The pleadings and submissions in all constitutional actions must be personally approved by the Attorney General. It must be confirmed to the Chief State Solicitor's office by the director general of the Office of the Attorney General that submissions have been so approved. Rather than it being between the offices, it must be the Attorney General who signs off on it.

Copies of all such pleadings and submissions are to be forwarded by the Office of the Attorney General to the Secretary General of each relevant Department having an interest in such proceedings. In this case, as in many cases, that would have been the Department of Justice, Equality and Law Reform. That did not happen either.

The secretary to the Government is to receive from the Office of the Attorney General briefings every second month on the status and progress of such litigation, including an assessment of its potential impact, if any, on the enforcement of the law. Confirmation in writing is to be given to the Attorney General of notifications to line Departments and the secretary to the Government.

There are to be meetings every second month between officials in the Office of the Attorney General and the DPPs office. The purpose of these meetings is to review and assess the effect, if any, on the general enforcement of the criminal law of any constitutional proceedings. The results of these meetings with the DPP are to be forwarded to any relevant line Department and the secretary to the Government. A memorandum of information for the Government is to be brought quarterly to Government through the Taoiseach to give regular updates on important litigation handled by the DPP, the Office of the Attorney General and their solicitors' offices.

That creates a heavier work burden. I examined the figures in the past few days. Since taking office, the current Attorney General has personally dealt with more than 4,000 case files. In the same period, the Office of the Attorney General has opened more than 15,000 new cases in addition to the pre-existing files which continue to be managed. Because of the enormous volume of work, officials in the Office of the Attorney General such as the Advisory Counsel and the Parliamentary Counsel deal with many files on his behalf. Clearly, it would not be physically possible for any Attorney General to deal with every case personally. This fact has been recognised by the All-Party Oireachtas Committee on the Constitution in its eighth report just three years ago and also by the constitutional review group chaired by T.K. Whitaker which reported in 1996. Where it is appropriate to consult the Attorney General for his direction, the officials in the Office of the Attorney General are so required to consult. This has been the standard operating practice in the office for many years, particularly since the establishment of the review group in regard to that office.

I have outlined the new mechanisms but Deputy Kenny should note what is clear in the old ones. The 1995 report stated very clearly that the Attorney General should have been briefed on important matters — I have read the section. That was strengthened in 2002 by further protocols and strengthened in the past few years by the Attorney General to the effect that he should be informed of measures ten days in advance. He was not so informed in the case in question. I would love to stand up today and say he was, but I am not dumping on anyone. As the Deputy correctly stated, I have responsibility for the Office of the Attorney General, including all its staff. I will stand over that and, in the best spirit of the 1924 Act, I accept that responsibility, but if it is a case of a mistake by an individual and a mistake in the systems, it must be acknowledged that is what happened. I cannot change that, I can put it up in lights by getting Mr. O'Sullivan's report, and I will do so. I have asked him to have that available before the end of the Dáil term so we can have another day out on it in the House, if that is what the Deputy wants.

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