Brian Cowen (Laois-Offaly, Fianna Fail)

The Sullivan review arose in the context of an information and notification deficit that occurred in the Attorney General's office over the handling of the CC case. The review's purpose was to ensure that in those cases that met the criteria of being important and sensitive, there would be arrangements in place whereby the Attorney General would be informed and consulted on their progress. This would ensure the Attorney General would have a personal knowledge of them and the system would not allow for an administrative error where the Attorney General was not consulted when he should have been because of the sensitivity and importance of such cases.

In the CC case, the Deputy will recall the report identified seven milestones in the evolution of the case about which the Attorney General ought to have been informed or consulted. The Attorney General had been consulted on only one of those, the nomination of counsel in the case. The report instanced the various relevant procedures and protocols already in force in the Attorney General's office at the time. It also instanced the policies in operation to ensure staff were aware of the requirement that it would be brought to the Attorney General's attention as important stages of the case progressed and the existing office co-ordination arrangements that provided further mechanisms to assist in the observance of the requirement.

Nineteen measures were recommended for adoption by the Sullivan report to minimise the risk of a reoccurrence of such events. These would not eliminate entirely the possibility because that cannot be guaranteed fully. The new measures related to enhanced risk assessment procedures, including external reviews etc.

Up to 120 cases of constitutional action are being taken against the State. When linked cases are taken into account, approximately 250 cases are being taken as challenges to the constitutionality of Acts of the Oireachtas and statutory instruments. Ireland has a strong judicial review procedure. Parties and citizens can apply to court to seek declarations or orders in respect of the constitutionality, or otherwise, of any aspect of statute law. The secretary to the Government is notified of the progress of these cases. If there are any particular issues which would act as an early warning system for the secretary, the Attorney General would bring these to his attention. This would be in a minority of those cases, as others trundle along, some important, others less important for public policy implications.

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