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. [16803/07]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 2: To ask the Taoiseach the progress made to date on the implementation of the Nally report on the Chief State Solicitor's office; and if he will make a statement on the matter. [18781/07]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 3: To ask the Taoiseach if he is satisfied that the Office of the Director of Public Prosecutions has sufficient staff numbers to allow it to discharge all its functions; if he has received representations from the DPP for an increase in staff numbers; if it is intended to sanction the appointment of additional staff; and if he will make a statement on the matter. [20598/07]

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

I am pleased to say that implementation of the relevant recommendations of the Nally report on the re-organisation of the Chief State Solicitor's office is now completed.

The last recommendation to be acted upon, that responsibility for the local State solicitors should be transferred from the Office of the Attorney General to the Office of the Director of Public Prosecutions, with legislative provision to enable the Director of Public Prosecutions to delegate to them, was implemented with effect from 15 May 2007. In January 2007, the Minister for Finance approved 28 new permanent posts and one contract post for the Office of the Director of Public Prosecutions. This brought the total authorised staff complement of the director to 202. These additional staff were sanctioned following a detailed analysis of the staffing needs of the Office of the Director of Public Prosecutions undertaken jointly by officials of the director and the Minister for Finance. This analysis culminated in a report which concluded that there had been both an increase in the volume and complexity of the work undertaken by the Office of the Director of Public Prosecutions and that new areas of work had also emerged which need to be addressed.

In addition to the new staff sanctioned in January 2007, the director is in communication with the Courts Service and the Departments of Finance and Justice, Equality and Law Reform with regard to further staff which will be required to implement a range of initiatives in the criminal justice sector. The number of additional staff required is not yet clear but is being kept under review. The director is also examining the number of extra staff which will be required when responsibility for sea fisheries prosecutions are transferred to him from the Attorney General.

Filling of all of the additional posts sanctioned in January 2007 will not be possible until additional accommodation which has been approved for the Office of the Director of Public Prosecutions becomes available. The office currently has 14.5 staff vacancies. However, I understand that efforts are continuing to recruit additional staff notwithstanding the accommodation difficulties. In the meantime, a range of temporary initiatives are being used to overcome the accommodation problems.

Enda Kenny (Mayo, Fine Gael)
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Are there plans to provide better information for victims of crime and their families on the progress made on cases in the DPP's office? In a recent case the victim of child sexual abuse was informed by her abuser that the case would not proceed to prosecution.

Does the Taoiseach share my view that before sentencing, the prosecution should be allowed make a submission to the court on behalf of the people regarding the category of crime involved in the case? In a number of serious cases there was no opportunity for the voice of the people to be heard in the court before sentencing. Does the Taoiseach share my view that a statement should be made before sentence is handed down in such cases?

Bertie Ahern (Dublin Central, Fianna Fail)
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There have been difficulties in the Chief State Solicitor's office and the Office of the Director of Public Prosecutions. For the first time, we have come to the end of those difficulties and staffing is in place. There has been a huge increase in staffing in recent years and this has given rise to a need for new office accommodation.

Deputy Kenny has raised these matters a number of times and the DPP is examining them himself. This is a matter for the director, because of the independence of his office under the 1974 Act. He has highlighted the case for giving more information to victims. However, the DPP is totally independent and I do not wish to discuss how he might deal with the matter. The manner in which information is given to families is a hugely sensitive matter. The director acknowledged that in a recent speech. I do not know what he can do to improve that service.

I have raised this matter with the Minister for Justice, Equality and Law Reform and he is anxious to see improvements in this area. He has pointed out to me that the independence of the Director of Public Prosecutions is total. However, I am sure our views will be noted.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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One of the functions of the Chief State Solicitor's office is to act for the State in inquiries established under the Tribunals of Inquiry (Evidence) Act 1921 and to provide legal staff to act for tribunals. Does the Taoiseach know how much time this pursuit takes up in the overall work of the CSSO? What is the cost to the State of employing legal teams for tribunals? Is this advice made available to the Taoiseach on an ongoing basis, presumably through the Office of the Attorney General?

The CSSO also advises and represents the State in asylum and refugee law cases. Is the CSSO under instruction to scrutinise EU immigration law for loopholes that allow the State to limit residency rights? This seems to be the only explanation for the Government's recent decision to refuse residency to spouses of EU citizens under the purported terms of an EU directive which has the opposite intent, that is, to facilitate residency applications. This has been the subject of a number of parliamentary questions I have tabled for the appropriate Minister.

Bertie Ahern (Dublin Central, Fianna Fail)
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The Chief State Solicitor's office has recruited a large number of staff. The office complement is 249, which represents a large increase in the last number of years. The complexity and range of cases covered by the office has also risen dramatically. This aspect of the work of the office was analysed by the Departments of Finance and Justice, Equality and Law Reform and the Office of the Chief State Solicitor. On the first case, a number of the tribunals have their own legal team working to the tribunals, but the Office of the Chief State Solicitor is involved with the Barr tribunal. I know the workload in that area. On the issue of asylum, I am not familiar with the details, so I do not wish to comment on it, but the workload of the office has increased dramatically in the past ten to 12 years because of the very lenient procedure and the fact the appeals mechanism is used to the full, unlike the situation in other countries.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On the question of tribunals of inquiry, I asked the Taoiseach if he had any idea of the time taken up in tribunal work by the Chief State Solicitor's office. If he is not in a position to answer I will understand, but will he please ensure that an answer is secured? Is he concerned about the time the Office of the Chief State Solicitor must allocate to the work of the tribunals of inquiry currently in train as compared with its other work, and the cost of same? Will he state specifically if he receives regular reports on the work of the Office of the Chief State Solicitor through the Attorney General?

In regard to asylum and refugee law cases, there is evidence that the Office of the Chief State Solicitor is acting under instruction to seek loopholes in EU directives and has employed such an approach in cases that I have given the details of to the appropriate Minister, the Minister for Justice, Equality and Law Reform. I am waiting for a response on that issue. If the Taoiseach is not in a position to give a definitive answer, is he not concerned that might be the case? If it were the case that the State is acting contrary to the intent of an EU directive, which was intended as a facilitating measure, would he not also, like other Deputies, seek a definitive explanation?

Bertie Ahern (Dublin Central, Fianna Fail)
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I ask Deputy Ó Caoláin to table a question on that matter to the Minister for Justice, Equality and Law Reform because I have no details of it. I assume the Office of the Chief State Solicitor is applying the EU directives and law correctly, as it would in all cases. I have no other comment to make.

I have no information on the tribunals, but in the case of the Moriarty and Mahon tribunals and in some of the other main tribunals which have been running for years there is a separate legal team to the tribunals and the work is not being done by the Office of the Chief State Solicitor. To the best of my knowledge the work is being done by the office in the Barr tribunal, and perhaps in some others as well. I will ask for details on it.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach contact me about it?

Eamon Gilmore (Dún Laoghaire, Labour)
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My question refers to the Office of the Director of Public Prosecutions. In an article in The Sunday Business Post on 19 August 2007 the Director of Public Prosecutions is reported to have said "his office is struggling to provide advice to the government on major legal issues including proposed legislation due to staff shortages". He goes on to state that he is having difficulty keeping up with requirements under European law and requests from international bodies. More worryingly, he goes on to say "that the establishment of a fully resourced prosecution policy unit was essential to cope with the increase in prosecutions work taken by gardaí under the Garda Síochána Act 2005". I am sure the Taoiseach will agree that whatever about its scale, we have a serious crime problem and when the Garda does its work, assembles a case and sends the file to the DPP, we should not have a situation where the DPP's work in prosecuting matters and in carrying out the functions of his office are held up because of lack of staff. I listened to the Taoiseach's opening reply where I understand some staff has been sanctioned but there are 14.5 vacancies in the Office of the DPP and some delays are due to problems with accommodation. We all know the difficulties the Garda have in investigating cases on a daily basis, but surely it is possible to resolve the staffing shortages in the DPP's office to ensure the prosecution service of the State is operating with the greatest efficiency.

Bertie Ahern (Dublin Central, Fianna Fail)
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I will try to do that. I understand the office accommodation has been sourced. My note states that currently the Office of the Director of Public Prosecution is sited on two locations. The additional accommodation being sourced by OPW is in a third location. This will in itself lead to difficulties because the office intends to move to Infirmary Road, but that is dependent on the Department of Defence moving accommodation. I think it is agreed where the DPP is going, but there is a delay. I will see what I can do about that.

We have approved the staff, but as I mentioned in the reply, in addition to the new staff sanctioned, the director is in communication with the Courts Service and the Departments of Finance and Justice, Equality and Law Reform with regard to further staff which will be required to implement a range of initiatives in the criminal justice sector. I think Deputy Gilmore is referring to this, but the number of staff has not been clarified but the director is also examining the extra staff that will be required for responsibility for the sea fisheries prosecutions. While the Nally Report is completed, the issues are to get the new staff and to move the entire service to Infirmary Road and be in one location — the director is concerned that the office is split and this creates difficulties. Infirmary Road is a good location for the office because it is near the courts----

Eamon Gilmore (Dún Laoghaire, Labour)
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And it is in the Taoiseach's constituency.

Bertie Ahern (Dublin Central, Fianna Fail)
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It is on the edge of my constituency. The sea fisheries work is transferring to the office, as well as work arising from some of the initiatives in the criminal justice sector. I do not think the 14.5 posts sanctioned will cover for this additional work. There is a requirement for additional staff for those two areas.

Eamon Gilmore (Dún Laoghaire, Labour)
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Has the DPP quantified the number of additional staff in addition to the 14.5 staff he is seeking?

Bertie Ahern (Dublin Central, Fianna Fail)
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That has not been quantified yet by the Director of Public Prosecutions or the Department of Finance.