Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move:

That a supplementary sum not exceeding €4,000,000 to defray the charge which will come in course of payment during the year ending 31st day of December 2009 for the salaries and expenses of the Office of the Director of Public Prosecutions.

I am seeking a Supplementary Estimate for the Office of the Director of Public Prosecutions in the amount of €4 million. This will bring the total Vote of the DPP's office to €45.1 million. The costs of the Supplementary Estimate will be met from savings elsewhere within the Taoiseach's group of Votes.

The need for the Supplementary Estimate arises from increased demand led pressures on the two programme subheads, subheads B and C, in the Vote for the office. As regards legal fees, there has been a significant increase in the number of fees paid in 2009 arising from levels of case activity and this has lead to increased costs overall, despite reductions in the fee levels. There has also been an increase in the number and size of awards made by the courts. In other regards, the director in 2009 is within budget on salary costs and other administrative costs. He is also broadly within expected expenditure levels with regard to the local State solicitor service.

In recent years we have assigned more gardaí and allocated increased resources to the courts, and inevitably this has led to increased activity in the prosecution service and associated legal costs for the DPP, despite applying the reduction of 8% in individual fees to barristers. There have also been associated costs for the defence which is provided mainly through the Criminal Legal Aid Scheme administered by the Department of Justice, Equality and Law Reform.

More criminal cases are being tried and disposed of in the courts. In the Central Criminal Court, where murder and rape cases are heard, the number of judges sitting in 2009 was increased. During 2009, seven Circuit Courts regularly sat in Dublin compared to six in 2008. Additional sittings have also taken place on circuits outside of Dublin during the year to reduce significant backlogs in dealing with criminal cases which had developed in some parts of the country. While most cases end in either guilty pleas or short trials, some high profile and complex cases can run for a considerable period and result in substantial costs. Two such cases this year ran for a combined total of 116 days.

In recent years the remit of the Office of the Director of Public Prosecutions has been extended. Under legislation enacted in 2005, the 32 local State solicitors moved from the aegis of the Attorney General to report to the Director of Public Prosecutions. In 2001, the Government oversaw the transfer of the criminal division of the Chief State Solicitor's office to the Office of the Director of Public Prosecutions. Notwithstanding this, the Office of the Director of Public Prosecutions, in common with other public sector bodies, must now do more with fewer resources.

I would like to outline the range of measures the DPP has implemented to reduce expenditure in his office. I understand he has managed to reduce operating costs without adversely affecting frontline prosecution services. He has been able to operate in 2009 with a non-pay administrative funding of €3.1 million or 38% less than in 2008. The DPP has also delivered the 3% payroll savings target set for all Civil Service organisations. He has also implemented initiatives within his office to reduce expenditure on counsels' fees, such as the non-application in September 2008 of a 2.5% increase in fees, suspension of the long-standing practice of paying an additional refresher fee for cases which run beyond 5 p.m., and the application of the 8% reduction in fees. I understand equivalent measures have been taken by the Minister for Justice, Equality and Law Reform in respect of defence costs.

The DPP has provided assurances that the fees paid to counsel who prosecute on his behalf are well below the rate which counsel would charge to a private client and that every effort is being made to minimise legal costs while maintaining the prosecution service. The DPP has also pointed out that in the majority of indictable cases he is represented only by a single junior counsel. I understand the Minister for Justice, Equality and Law Reform is bringing forward changes aimed at ensuring that a senior counsel may be assigned to the defence only in more serious cases. This initiative was also approved of by the special group on public service numbers and expenditure programmes, as were a number of other cost saving proposals the Minister is bringing forward in a new criminal legal aid Bill which is currently being drafted.

However, as I said previously, while the DPP is within budget with regard to salaries, operating costs and the costs of the local State solicitor service, funding pressures exist on his two programme subheads. That is why I come before the Dáil today to propose a supplementary estimate of €4 million. Subheads B and C of the Vote are experiencing significantly higher than anticipated levels of activity in 2009.

Subhead B provides for the fees paid to counsel who prosecute cases on behalf of the DPP in the various criminal courts. Notwithstanding the 8% reduction in counsels' fees, the DPP's office has seen a significant increase in the total cost of fees paid in 2009 compared to 2008, reflecting activity levels in the courts. In monetary terms, by the end of September some €11.629 million had been paid on fees. It is estimated that a provision of an additional €3 million will be required to ensure sufficient funds are available to meet liabilities this year. This addition of €3 million will bring the total provision for subhead B to €15.293 million.

There has been a significant increase in the number of brief fees and refresher fees paid. The brief fee is paid to counsel on the first day of trial or when a guilty plea is entered. It is anticipated that the final number of such fees this year could be 32% higher than last year. There also has been a substantial increase in the number of refresher fees paid compared to 2008. This fee is paid on the second and subsequent days of trials. It is estimated that the final number of these fees this year could be 29% higher than last year.

I turn now to subhead C, which provides for the payment of legal costs awarded by the courts in judicial review matters and other applications connected to legal proceedings. While the DPP's office takes steps to minimise both the number and value of awards, there is limited action which can be taken within the current legislative framework to contain costs. A new legal costs Bill is being drafted in the Department of Justice, Equality and Law Reform which aims to bring more transparency and clarity to the current system of legal costs. This is being progressed as a priority issue and I understand it is expected to be published next year. It is estimated that a provision of an additional €1 million will be required to ensure sufficient funds are available to meet legal costs awarded by the courts which will arise in the remainder of the year. This addition of €1 million will bring the total provision for subhead C to €7 million.

In conclusion, the additional funding of €4 million I am seeking today, which I emphasise will be funded from savings this year from elsewhere within the Taoiseach's Vote group, is essential to ensure the Office of the Director of Public Prosecutions has sufficient funding to continue to discharge its functions the end of this year. As I outlined, I am assured that every effort has been made by the DPP to keep expenditure as low as possible. His efforts with regard to his administrative costs have produced real and substantial savings, involving tighter staffing numbers and pay costs, and non-pay administrative funding has been reduced in 2009 by €3.1 million, or 38%. The DPP has also implemented initiatives within his office to reduce expenditure on fees, such as the non-application in September 2008 of a 2.5% increase in fees, suspension of the long-standing practice of paying an additional refresher fee for cases which run beyond 5 p.m., and the application of the 8% reduction in fees. However, the need for this Supplementary Estimate has arisen from demand-led pressures on the DPP's Vote this year and the level of court activity and from court awards. The cost of the Supplementary Estimate will be met from savings elsewhere on the Taoiseach's group of Votes.

I commend this Supplementary Estimate to the House.

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