Dáil debates

Thursday, 8 June 2006

3:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

Most people will find it extraordinary that a criminal justice group was established in 2004 to promote co-ordination between the Department of Justice, Equality and Law Reform, the Office of the Attorney General and the Office of the Chief State Solicitor. If that is what it was established to do, it is clear it has been a total failure. That is one formal structure. Is a designated individual responsible for informing the Minister of constitutional cases pertaining to legislation in his remit? Do any formal or structured meetings take place between the Minister and the Attorney General, at which various matters are discussed? Is there a Cabinet sub-committee on legislative matters? If so, who is on the subcommittee? Does the sub-committee discuss constitutional challenges which arise? I refer not only to cases which directly challenge statutes, but also to cases which might end up as challenges to statutes.

I would like to ask the Minister about the answer he has just given the House in response to Question No. 2. Is it not the case that the respondents in the recent CC proceedings, to which he alluded, were Ireland, the Attorney General and the Director of Public Prosecutions? Who decided that the Director of Public Prosecutions would defend the case? What level of discussion took place between the counsel nominated by the Director of Public Prosecutions and his officials in formulating that defence?

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