Bertie Ahern (Dublin Central, Fianna Fail)

I have replied to the question about policy. The Director of Public Prosecutions has put forward a case on why he believes a policy unit would be desirable and beneficial to him. My Department generally supports that and is engaged with the Department of Finance and the DPP's office in making the case for the relevant staff to deal with this area. There are other issues too. There has been a general increase in the volume and complexity of the legal work with which the director's office has to deal, as a consequence of which an increase in staff was sought over a wide range of areas. The work areas in respect of which the office is seeking additional staff is not just in this area, it is also in the directing division, prosecution policy unit, confiscation of assets, judicial review, District Court, European arrest warrants, Court of Criminal Appeal, bail applicants, the High Court, transfer of State solicitors' service, out-of-hours service and additional representation of gardaí. While the office has a large staff, a case has been made for more staff and that is being examined. Undoubtedly the workload is increasing.

The issue of judges or the DPP giving more information is a matter for both bodies. As Deputy Kenny is aware, when the House lays down mandatory sentences and fixed sentences the courts will take that into account but I do not think they look too kindly on accepting what we suggest; other than the House giving guidelines in legislation, there are all kinds of flexibilities on these issues. I have outlined the negative consequences of giving a specific reason for a decision to prosecute as opposed to a bland generality. For example, that the evidence did not permit a prosecution could in many cases cast doubt on the innocence of a person and thereby violate the presumption of innocence that can be displaced by a trial in due course of law in open court where the accused is equally represented. Giving reasons could damage or prejudice the good name or reputation of a potential witness, for example, by stating that a witness was not thought to be reliable. While it always appears easy on the face of it to say the Judiciary or the DPP should give information, when one looks at the DPP's statement there are many areas where he points out that this is not an easy task. What he is saying is that, where possible, these matters should be dealt with. He has stated that he will return to give a more complete view on that issue.

See this speech in context