Michael McDowell (Dublin South East, Progressive Democrats)

There is no doubt that recent events have highlighted communications issues between the Department of Justice, Equality and Law Reform and the offices of the Attorney General, the Director of Public Prosecution and the Chief State Solicitor. An examination of communications within the Office of the Attorney General took place some years ago and it resulted in some administrative changes in that office. A further examination by a senior official from the Department of Finance is due to take place, as the Taoiseach informed the House yesterday. The Department of Justice, Equality and Law Reform will co-operate in every possible way with that examination and with the implementation of any new communications or consultation arrangements which may emerge from it.

Communications and recording of correspondence within the Department of Justice, Equality and Law Reform are constantly kept under review to see if they can be improved. I am satisfied the Department's procedures were followed correctly on this occasion. As the Tánaiste told the House recently, the Department was informed in writing by the Office of the Chief State Solicitor on 29 November 2002 that an application had been made to the High Court seeking judicial review to challenge certain provisions of the Criminal Law Amendment Act 1935. The proceedings in question are generally known as the CC proceedings. A departmental official promptly telephoned the Office of the Chief State Solicitor to ascertain whether that office needed a response from the Department in respect of the application. The answer was in the negative. In January 2003, which was approximately a month later, the Office of the Chief State Solicitor repeated in writing its undertaking to advise the Department of any development in the proceedings. The Department did not receive any further communication, between that date and the date of the recent Supreme Court judgment, from the Office of the Chief State Solicitor or any other source concerning the CC proceedings. Neither I nor the Department were notified of the hearing or outcome of the High Court case, which the State won, or the subsequent appeal to the Supreme Court, which the State lost.

Following discussions on the matter with my officials I established a criminal justice group, comprising representatives from the main agencies working in the criminal justice sector, in late 2004. The Garda Síochána, the Courts Service, the Prison Service, the Office of the Attorney General and the Office of the Director of Public Prosecutions are, inter alia, represented on the group. The main function of the group, which is chaired by the Secretary General of the Department of Justice, Equality and Law Reform, is to promote a co-ordinated and cohesive approach to criminal justice matters. This group has met on four occasions since late 2004 and is scheduled to meet again in July. The Secretary General has advised me the group will meet more frequently from now on.

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