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Leaders' Questions. (7 Jun 2006)

Bertie Ahern: Let that examination take place. Today I announced protocols that directly involve the Attorney General.

Leaders' Questions. (7 Jun 2006)

Bertie Ahern: There are numerous cases, I do not know how many, involving serious High Court and Supreme Court challenges. There are not only one or two a year. The volume of work in the High Court and Supreme Court leads to work pressure. In fairness, the Office of the Attorney General does a good job. I will take responsibility for it and for any of its failings, as is my job in this House. It did a good...

Leaders' Questions. (7 Jun 2006)

Bertie Ahern: It is not the view of the Government or the extensive number of legal advisers to whom we have talked that this is botched legislation. The legislation does what it was primarily intended to do. It restores offences of statutory rape in a way that respects the judgment of the Supreme Court, and that is what it set out to do. While people may wish to see further measures or a different...

Leaders' Questions. (7 Jun 2006)

Bertie Ahern: It is the prerogative of the President to submit legislation to the Council of State, as she has done, and the Government accepts her decision. I have no views on that whatsoever. I have already said that some issues relating to last week's legislation have to be dealt with. I am also putting forward the reason section 5 was there. That is the point. The legal opinion——

Leaders' Questions. (7 Jun 2006)

Bertie Ahern: The view of the Minister for Justice, Equality and Law Reform is that we should establish an all-party committee fairly quickly, make progress in that regard over the coming months and be in a position to make changes that are necessary in the autumn. I will send the terms of reference to the party leaders for their perusal as soon as they have been cleared by the Government.

Leaders' Questions. (7 Jun 2006)

Bertie Ahern: We will see what we will do on those issues. As I have said, the equal opportunities investment plan is an enormously costly plan that has been funded as part of an attempt to assist, and it is hugely helpful. The Deputy will acknowledge the changes we have made. For example, I have put on the record a number of points relating to the establishment of an office of special rapporteur for child...

Freedom of Information. (7 Jun 2006)

Bertie Ahern: I propose to take Questions Nos. 1 and 2 together. The information requested by the Deputies about the freedom of information requests received by the Department of the Taoiseach is in the following table. All freedom of information applications made to the Department are processed by statutorily designated officials in accordance with the 1997 and 2003 Acts. In accordance with those Acts, I...

Freedom of Information. (7 Jun 2006)

Bertie Ahern: There were 45 cases in 2004, but that number increased quite substantially last year and that trend is continuing. There was a period when the number of applications stabilised, but the relevant figure increased by almost 30% to 61 last year. It seems that the trend is continuing this year. The numbers decreased for a while, but they are back up again. A number of bodies have been added to...

Freedom of Information. (7 Jun 2006)

Bertie Ahern: As already stated, the Law Reform Commission is the only agency under my aegis which is not included at present and this matter has been under consideration for some time. As for the fees issue, I have stated on numerous occasions that personal information is free and the same is true of appeals. The figures are rising again and the majority of cases involve journalists. While there has never...

Freedom of Information. (7 Jun 2006)

Bertie Ahern: I do. I understand from my officials who are involved in this area that they take account of it. Admittedly, it may be easier for my Department because it is not obliged to deal with much legislative change. The Department of Finance monitors the rest. However, people should take into account fully the views of the Information Commissioner.

Freedom of Information. (7 Jun 2006)

Bertie Ahern: I do not know. Monitoring of the Act is carried out under the aegis of the Department of Finance. I do not know whether there have been any discussions in this regard. To the best of my knowledge, however, it was not in any of the most recent reports in which the bodies I mentioned previously were discussed. Hence, I do not know whether there have been any discussions in this regard. It would...

Freedom of Information. (7 Jun 2006)

Bertie Ahern: The process in my Department is carried out by a number of senior staff without any recourse to me regarding either the question or the reply. It is an entirely independent function, as per the Act. There is a database in the Department which allows it to know the details of every request. It is monitored by the freedom of information liaison officer, who receives all the requests, logs them...

State Prosecution Service. (7 Jun 2006)

Bertie Ahern: As indicated in reply to previous questions on the matter, the recommendations of the Nally report in respect of the reorganisation of the Office of the Chief State Solicitor have been largely implemented. Agreement with the unions involved was achieved during 2001. The criminal prosecutions functions undertaken by the Office of the Chief State Solicitor were transferred to the Office of...

State Prosecution Service. (7 Jun 2006)

Bertie Ahern: The Nally report set out a number of recommendations, including that responsibility for local State solicitors should be transferred from the Attorney General to the DPP, with legislative provisions to enable the DPP to delegate to them; that the appointment of State solicitors should be made on the recommendation of the Public Appointments Service, subject to agreement on adequate staffing...

State Prosecution Service. (7 Jun 2006)

Bertie Ahern: The recommendation in respect of cannabis was not part of the Nally report. All work under Nally, with the exception of issues relating to the local State solicitors, is complete. Perhaps the working group is dealing with another section in the Department of Justice, Equality and Law Reform but it has nothing to do with the Nally report. I will seek information on the matter and forward a...

State Prosecution Service. (7 Jun 2006)

Bertie Ahern: All the recommendations of the Nally report have been implemented. The only outstanding issue relates to the work of the local State solicitors. I do not think the issue raised by the Deputy was covered by the Nally report but I will check. If it was, I will contact him in writing.

State Prosecution Service. (7 Jun 2006)

Bertie Ahern: The Nally report was undertaken when the DPP's office and the Office of the Chief State Solicitor faced significant caseloads. Following a number of reviews, large numbers of new staff were approved. An additional 75 staff were recruited by the CSSO, including 66 in the professional and technical complement, while a significant number of legal clerks, senior legal clerks, staff officers and...

State Prosecution Service. (7 Jun 2006)

Bertie Ahern: There is no problem with the statutory procedures but the communication procedures could perhaps be examined. The statutory work undertaken between them has not been raised as a problem and it does not require amendment.

State Prosecution Service. (7 Jun 2006)

Bertie Ahern: The criminal division of the Office of the Chief State Solicitor has been transferred to the Office of the DPP. That was done with statutory clarification that the professional staff are professional staff of the DPP within the meaning of the 1974 Act. The only outstanding issue concerns local State solicitors and efforts are being made on negotiations to bring them within the ambit of the...

Legislative Programme. (7 Jun 2006)

Bertie Ahern: I propose to take Questions Nos. 4 to 8, inclusive, together. My Department has one legislative matter for the current Oireachtas session. The National Economic and Social Development Office Bill 2002 has completed all stages in the Dáil. The Bill commenced Committee Stage in the Seanad and this is due to resume on Thursday, 15 June. My Department will soon be bringing the text of the...

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