Enda Kenny (Mayo, Fine Gael)
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Question 1: To ask the Taoiseach if he will report on the implementation of the Nally report on the reorganisation of the Chief State Solicitor's office; and if he will make a statement on the matter. [28194/06]

Pat Rabbitte (Dublin South West, Labour)
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Question 2: To ask the Taoiseach if his attention has been drawn to the disappointment expressed by the Director of Public Prosecutions regarding the delay in transferring responsibility for the State solicitor's office from the Attorney General to the DPP's office, as recommended in the report of the public prosecution study group; if the Government has approved the proposed move; the reason for the delay; when it is expected to be completed; and if he will make a statement on the matter. [28374/06]

Trevor Sargent (Dublin North, Green Party)
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Question 3: To ask the Taoiseach if he will report on the implementation of the Nally report on the Chief State Solicitor's office; and if he will make a statement on the matter. [30662/06]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 1 to 3, inclusive, together.

As I indicated in reply to previous questions on the matter, the recommendations of the Nally report in relation to the reorganisation of the Chief State Solicitor's office have been largely implemented. Agreement with the unions involved was achieved during 2001. The criminal prosecutions functions undertaken by the Chief State Solicitor's office were transferred to the Office of the Director of Public Prosecutions at the end of 2001.

A common promotion pool within the two offices between the CSSO and the solicitors division of the DPP's office for professional solicitor and technical promotion posts formed part of the agreement and this is now operating.

A negotiating process with local State solicitors is currently under way, seeking to agree on the transfer of the service to the DPP. Two reviewers were appointed to undertake a study of the current workload of local State solicitors and their expense base. They have submitted their report and this has been considered by the Chief State Solicitor's office and the DPP's office.

A formal offer of increased remuneration, approved by the Department of Finance, was made to the State Solicitors Association on 21 April 2006. Representatives of the Chief State Solicitor's office and the DPP's office met with the State Solicitors Association to discuss the offer. The association rejected this offer and submitted a new proposal on 10 July 2006. A new offer was made to the association on 6 September 2006 and it indicated on 29 September that it will not accept this offer at present and wishes to have further discussions on the matter.

Enabling legislation and appropriate legislative provisions on the transfer of the local State solicitor service are contained in the Civil Service Regulation (Amendment) Act 2005, which was signed by the President on 9 July 2005.

Enda Kenny (Mayo, Fine Gael)
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A number of questions arise from this matter. We must accept that one of society's duties is to vindicate the rights of citizens to peaceably enjoy this society. Part of this duty involves ensuring, as far as possible, that when a wrong is committed against a citizen, justice is seen to be done. Perhaps the DPP's office, the Chief State Solicitor's office or the Garda Síochána need to liaise with victims of serious crime to a much greater extent. Certain well-publicised cases over the past number of years consisted of an ongoing series of events, but no information was given to the families of those who were murdered or otherwise affected by crime, which caused them great trauma and stress. There should be dedicated liaison officers within the DPP's office, the Chief State Solicitor's office and the Garda Síochána to inform victims of the progress of the case.

The DPP and his office should be able to make submissions on behalf of the people so that society can have a voice in the range of sentences handed down by judges in court. Would the Taoiseach consider it appropriate if, prior to a sentence being handed down, the DPP, on behalf of the people, voiced an opinion on the range of sentences available? It is only a convention that this does not happen and it might be very useful if it did happen.

Will the Taoiseach progress the issues of dedicated liaison officers and the opportunity for the DPP to voice an opinion on behalf of society in so far as the Nally report is concerned?

Bertie Ahern (Dublin Central, Fianna Fail)
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The Nally report did not cover any of these issues as it was produced some years ago and, as was pointed out, its recommendations effectively have been implemented. I will gladly bring the points made by Deputy Kenny to the attention of the relevant offices.

As the Deputy is aware, the DPP's office is independent in its functions and actions but there would be no problem if I brought the House's point of view to its attention. In a speech he gave earlier this year, the DPP spoke about the point the raised by Deputy Kenny in respect of the lack of information given to families of victims. The DPP's office is conscious of the fact that when decisions not to proceed with a case are made, it is left to legal points rather than the emotional impact on the families concerned. I will bring the points mentioned by Deputy Kenny to the attention of the relevant parties.

Pat Rabbitte (Dublin South West, Labour)
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I will revisit the question of the transfer of the State solicitor's office from the Office of the Attorney General to the DPP's office. I heard what the Taoiseach said but I am not clear where the decision now stands. This was a recommendation of the Nally report as long ago as 1999. What is the Taoiseach's expectation in terms of that transfer being effected?

In his annual report, the DPP stated he would like to see a legal policy unit opened in his office. Times have changed and he is no longer concerned with prosecuting files alone. Often, his office is required to give advice on legal policy and he feels the office would be enhanced by the creation of such a policy unit. Has progress been made on that? Has the DPP sought this or has the Government granted resources for it? Does the Government have a view on it?

Bertie Ahern (Dublin Central, Fianna Fail)
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On the first issue, as was pointed out, all initiatives and recommendations of Nally were implemented and the conclusions and recommendations were agreed. The matter of the State solicitor was held for further discussion. The current system of appointing State solicitors through open competition, which was the initiative proposed at that time, is working well. It is done through open competition now and there is no decision to change from that position. It changed from the old system to open competition.

Other issues arose from that. Following that report, State solicitors put forward a number of staffing initiatives which were examined by the Chief State Solicitor's office. That has been an industrial relations issue for the past year or two. The office has been dealing with the State Solicitors Association which now acts for State solicitors. Because of the way State solicitor offices are now formed, staff and costs differ from county to county. Some offices are large, such as Cork, Limerick and Galway, while others are small.

Negotiations have been trying to reach an offer which can be used across the system. Three offers have been turned down. Last week or the week before, the State Solicitors Association did not accept the latest offer and wish to have further discussions on the matter, particularly on the issue of personal pay and remuneration element. New contracts will have to be agreed with the DPP. I am advised efforts are continuing although three offers have been rejected since Easter — in May, June and September. If agreement can be achieved, new State solicitors' contracts which have been subject to open competition since Nally will have to be agreed with the Director of Public Prosecutions. As I understand it, that work cannot be finalised without agreement on salaries, expenses and overheads. The State solicitors' offices are an important part of the legal system.

In reply to Deputy Kenny, the DPP has put forward a number of points in speeches on how he wishes to change the format of his office. I understand the changes are subject to the annual budget exercise handled by my officials. Discussions with the Department of Finance on those issues have not finished. I am not sure whether the policy office mentioned is part of that. I know the DPP has proposals and initiatives on accommodation and other issues being discussed at present.

Trevor Sargent (Dublin North, Green Party)
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The Taoiseach mentioned rejection of the offer. Was that based on monetary considerations alone or has there been an evaluation of the effects of the transfer of the Chief State Solicitor's office from the Attorney General to the DPP? Was that done independently, particularly with regard to the general efficiency of the proposal and the effects on individual cases? Has the Taoiseach any views on the effects or merits of the change?

Will the Taoiseach indicate the status of the offer of increased remuneration regarding the State solicitors? Does the Taoiseach think this is all about remuneration or are there other issues that must be clarified?

Bertie Ahern (Dublin Central, Fianna Fail)
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There were a number of issues because there were new contracts with the DPP and they are issued on a competitive basis. At this stage, however, it is down to money; the other issues have been completed. There is a problem because some of the offices are very large while others are very small. It is a hard issue to find a basis for a settlement. There have been three offers and discussions are continuing.

I am advised that the system has worked well over the past few years. There was a total overhaul of all the offices, with huge increases in staff and investment in information communication technology. That work is ongoing. The Chief State Solicitor's office has now recruited additional staff and has a complement of 238 full-time equivalents, a huge increase on the number a few years ago. There is now only a small number of vacancies in the office. The DPP has recruited the additional staff sanctioned and it has a staff complement of 170, so there are now 400 people between the two offices. As I stated, there is now a promotional base where they can move between offices; the ring-fencing no longer exists. From a staff point of view, the situation is much better.

The Nally report recognised and identified problems with grading, appointments, transfer and promotion of staff. There were a number of issues that led to a difficult position at that stage with staffing. In the CSSO and the solicitor division of the DPP, promotions and professional and technical grades are now open to all suitably qualified people. The system is working much better and the tensions of the past are gone with better promotional prospects and movement between sections.

There were many other initiatives, such as the setting up of better library, research and ICT facilities, and those have all been implemented. We have reached the last point of an agreement with the Chief State Solicitor's office which will allow new contracts with the DPP.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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When the Chief State Solicitor's office last came before the Committee on Finance and the Public Service, I asked about its role in determining which cases brought by citizens through the courts against the State would be fought by the State. Does the Taoiseach recall the number of cases where the State has vigorously contested cases, for example, cases brought by parents fighting for the rights of their children to special needs education? Is he aware of the great hurt that has caused to many families? Have the changes he outlined in any way affected the location of the determination of what cases should be fought by the State where citizens are pursuing their rights or is it the case that it is still vested in the control of the Chief State Solicitor's office?

Bertie Ahern (Dublin Central, Fianna Fail)
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I do not think the changes have changed the points of law. Both the DPP and the Chief State Solicitor's office will take cases or fight cases based on what their legal judgment is and the culpability or rights of the State. Obviously I hope that because of the additional resources that have been put in for a number of years, they are in a better position to do that from the point of view of having the resources and staff to do so but I do not think their legal judgment would have changed because of the administrative changes in the office.