Bertie Ahern (Dublin Central, Fianna Fail)

As Deputy Kenny stated, the Office of the Director of Public Prosecutions initiated this paper on 28 January to examine the current policy of not giving reasons to victims or the public for decisions not to prosecute. Deputy Kenny will recall, as I do, many occasions on which we heard debate relating to cases in which families felt aggrieved by this situation. On a number of occasions in recent years the Director of Public Prosecutions has acknowledged that a difficulty exists in this area, particularly when it comes to sensitive issues relating to families that feel they have been left in a vacuum by a decision.

The director invited submissions from all interested parties, including members of the public, and opinions were sought on the following questions. Should the current policy be changed? If so, should reasons be given only to those with a direct interest, such as the victims of crime or their relations? I have previously expressed sympathy for relations in these circumstances, though I can see the difficulty behind giving reasons to everyone. Should reasons be given to the public? If reasons are given, should they be general or detailed? Should reasons be given in all cases or only in certain categories of cases? If reasons should only be given in certain categories of cases, then which categories? How can reasons be given without encroaching on the constitutional right to one's good name and the presumption of innocence? This point was made often when this issue arose over the years. Should the communication of reasons attract legal privilege? Dealing with such a question could be a very complex matter. How should cases where a reason cannot be given without causing injustice be dealt with? By whom and what means should reasons be communicated?

The Director of Public Prosecutions used his experience to set out where difficulties may arise in these areas and sought submissions by 10 March. His office will now carefully consider the submissions received and formulate a view on how best to proceed. The Government has communicated often on this issue over the years and those communications will be taken into account.

Attorneys General and Government Ministers have given views on this matter but, based on my experience, I feel difficulties will arise regarding the second question I mentioned: should reasons be given only to those with a direct interest, such as the victims of crime or their relations? This is a question with which I have been confronted and it is the one that tends to cause the most concern. Some would say that some or all of the questions will raise difficulties but I feel this question is most difficult. Ultimately, the victims of crime and their direct relatives are the people who suffer; everyone else can move on. In many high-level cases, victims of crime are deceased and their relations are left in a vacuum and I would like to see such cases addressed.

See this speech in context