Dáil debates

Tuesday, 8 April 2008

 

Chief State Solicitor's Office.

2:30 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

On 28 January this year, the Director of Public Prosecutions published on his website a document known as the Reasons Project. It was a discussion paper on prosecution policy and the provision of reasons for decisions. As the House is aware, the DPP's role is to conduct all criminal prosecutions which are serious enough to be tried before a jury. The problem is that in cases where no prosecution is taken, no reason for this is given. The question is whether it is appropriate for some reason to be given in cases where a prosecution does not take place. The question posed by the Reasons Project was whether the DPP should give reasons for decisions to prosecute or otherwise. In 1983, the then Director of Public Prosecutions, Mr. Eamonn Barnes, said he would willingly put into operation a method that would allow him to inform the public of the reasons for his decisions without doing injustice, if it were possible to devise such a method.

The Taoiseach is aware that countries with legal systems similar to Ireland's have confronted this problem and have changed practices. The Taoiseach is also aware of increasing recognition that it is desirable to inform victims of the reasons behind decisions that can profoundly affect their lives. This is a sensitive area and complex legal issues are involved.

Has the Government responded to the Reasons Project paper published by the Director of Public Prosecutions? Has the Government a view on changing the current practice whereby reasons not to prosecute are not given?

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