Pat Rabbitte (Dublin South West, Labour)

Does the Taoiseach accept it is difficult for anybody outside Government to understand why, if the 1995 reforms had been implemented and policed, there should have been what he calls a "communications failure" in the CC case? I am sure he will accept there is scarcely anything more serious than the protection of our children yet, despite the commitment that cases affecting minors would be brought to the personal attention of the Attorney General, that did not happen on this occasion. Other than the Taoiseach pre-empting the inquiry by Mr. O'Sullivan by laying the blame at the door of an official, I am still unclear how this communications breakdown could have happened. We have established that there was a note for the attention of the Attorney General about the implications of the CC case but we do not know if that note ever got to him.

I refer to section 2(6) of the 1974 Act establishing the Office of the Director of Public Prosecutions, which states, "The Attorney General and the Director shall consult together from time to time in relation to matters pertaining to the functions of the Director". That statutory obligation states the director and the Attorney General "shall consult", not "will consult". As the Taoiseach is responsible for both offices, will he indicate whether there is regular consultation? If so, how could what happened in the CC case have transpired?

The Minister of Justice, Equality and Law Reform informed the House he had set up a committee, stating, "I have established, following discussions with my officials, a criminal justice group comprising representatives from the main agencies working in the criminal justice sector. . .". The committee is chaired by the Secretary General of his Department and meets regularly to discuss matters such as this and especially matters of litigation relating to constitutional and policy considerations. I am entirely bemused that if the Minister had done that and if the group meets from time to time how this breakdown could have happened.

In respect of the 42 cases in which charges must be withdrawn following the Supreme Court decision, which it apparently took four weeks to compile information about, has there been contact with the DPP or arrangements put in place with the DPP that will ensure the Government is informed of progress in each case? As I understand it, what happens in any given case will not necessarily easily come into the public domain. Having regard to what happened, does the Taoiseach accept it is desirable that a channel of communication be created so that as these cases are gone through individually, the House is advised on progress on each one?

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