2.1 In January 2007 the Office of the Director of Public Prosecutions began the implementation ofits three year Strategy Statement for the period 2007 - 2009. the key priorities for the Office during that period were outlined as being the maintenance of standards in prosecutions; managing new responsibilities conferred on the Office; and continuing with the civil service modernisation agenda.
2.2 The Strategy Statement also outlined a number of challenges for the Office which included the completion of negotiations for the transfer to the Office of responsibility for the State Solicitor Service which deals with criminal trials outside Dublin; placing the victim of crime at the centre of the criminal justice system without compromising the principle that the Office represents the People ofIreland as a whole; and ensuring that the new oversight role conferred on the Office by section 8(4) of the Garda Síochána Act 2005 with regard to prosecutions in the District Court by members of the Garda Síochána is effectively discharged.
2.3 This chapter outlines the progress made by the Office during 2007 in delivering on the objectives set out in its Strategy Statement and the developments that took place in order to meet the challenges facing the Office during that time.
ABOVE: State Solicitors photographed to mark the transfer of the State Solicitor Service from the Attorney General to the Director of Public Prosecutions.
L-R (back row) : Seamus Boyle, Kildare North; Frank Hutchinson, Waterford; Hugh Sheridan, Sligo; Kevin O’Doherty, Wexford; John Brosnan, Cork S.E.; Barry Healy, Monaghan; Gerry Meaney, Kilkenny; Seamus Hughes, Mayo; Kieran Madigan, Roscommon; Michael D. Murray, Limerick City; Rory Benville, Wicklow East; Mark Connellan, Longford; Ciaran Liddy, Donegal. L-R (front row): Malachy Boohig, Cork W.R.; Geraldine Gillece, Kildare South; Declan Hoban; Barry Donoghue; Director; Claire Loftus; Frank Nyhan, Cork N.E.; Peter Jones, Westmeath; Rory Hayden, Cavan; Martin Linnane, Clare;
2.4 One of the most significant developments during 2007 was the realisation of the transfer of the State Solicitor Service from the Attorney General to the Director of Public Prosecutions. Following protracted negotiations on new contracts which set out specificand comprehensive service delivery commitments, a Statutory Instrument was signed by the taoiseach on 15 May 2007 giving effect to the transfer. The transfer was the finalrecommendation of the Public Prosecution System Study Group to be implemented and is a major achievement for the Office. A significant amount of work was undertaken in the latter half of 2007 in putting structures in place for the administration and management of the State Solicitor Service. As part of this initiative, the Chief Prosecution Solicitor undertook a familiarisation programme during which she visited state solicitors around the country. The programme served to strengthen relationships between this Office and the state solicitors and provided an opportunity to discuss specific issues and those of a more general strategic nature.
2.5 Another important development during 2007 was the receipt of sanction to create a Prosecution Policy unit within the Office. The unit will have responsibility for formulating prosecution policy and for advising on policy documents referred to this Office for consideration. By December 2007 following an open competition, the Head of the Policy unit was selected, although the appointee did not
take up the appointment until 2 January 2008. A further competition was conducted in early 2008 for the position of Deputy Head of the unit.
2.6 In order to build on the work which has been done by this Office over the last number of years in relation to the confiscation of the proceeds of crime,it was decided to establish a dedicated unit to further develop the procedures for recovery of assets. The Confiscation of Assets unit was established within the Office in August 2007 and a senior manager was appointed as Head of the unit. The work of the unit is set out in detail in Chapter 5 of this report.
2.7 On 1 February 2007 section 8 of the Garda Síochána Act 2005 came into effect. The section creates a new oversight role for this Office with regard to prosecutions taken in the District Court by members of An Garda Síochána. A General Direction was issued by this Office to An Garda Síochána in January 2007 containing instructions in relation to the institution and conduct of prosecutions by An Garda Síochána. This Office also published a revised edition of our Guidelines for Prosecutors taking account of the introduction of section 8 of the Act. Copies of the Guidelines were furnished to An Garda Síochána for distribution to sergeants, inspectors and superintendents with operational responsibility for the commencement and management of prosecutions under the Act.
2.8 Arising from the expanded and more complex legal responsibilities being discharged by the Office, sanction was sought and received during 2007 for the recruitment of additional staff. In all, six positions were advertised through open recruitment,including the position of Head of the Prosecution Policy unit. In addition, a number of appointments were made to legal positions at various levels in both the Solicitors and Directing Divisions of the Office. These included the appointment of a Deputy Chief Prosecution Solicitor in July 2007. By the end of 2007 the total staff complement for the Office was 203, as compared to 174 at the same time the previous year.
ABOVE: Kate Mulkerrins, appointed to the position of Head of Prosecution Policy unit.
2.9 In recognising its staff as a key resource in the provision of services, the Office invests heavily in legal and developmental training for professional staff. Of the €494,014 (4.28% of payroll costs) invested in staff training and development during 2007, €141,347.20 was dedicated specifically to legal training,including attendance at legal seminars and conferences both nationally and internationally.
2.10 The Office’s legal training Steering Group monitors and reviews training needs and oversees the development and implementation of a programme of continuous legal education for professional staff.
2.11 In the interests of ensuring the integration and development of the two legal divisions of the Office which are located in two separate buildings, the Office continued during 2007 with the implementation of a programme oflegal network Meetings. The meetings afford staff members the opportunity to meet colleagues on a regular basis to discuss topical legal issues and to encourage networking across the two legal divisions. During 2007 four such meetings took place and topics covered included evidence and the Criminal Justice Act 2006.
ABOVE: Eileen Creedon, appointed to the position of Deputy Chief Prosecution Solicitor.
2.12 The Library and Information Service continued during 2007 to provide staff with timely, relevant and up-to-date legal information through the library management system, its digital archive and a comprehensive suite of electronic resources. The Library and Information Service also developed an Information Skills training Programme during 2007 to encourage users to maximise the use of library resources and enhance their information retrieval abilities. The first module of the programme focused on legal know-how and internal legal information available on iLink. The catalogue iLink offers access to the library collection, personalised library accounts and our full suite of electronic resources. The second module concentrated on the new electronic legal journals collection which is a shared service with the Office of the Attorney General and the Chief State Solicitor’s Office.
2.13 The Office continued during 2007 to remain focused on a range of strategic management issues with a view to ensuring the provision of an efficient and effective quality service. Initiatives included organisational changes, a range of Human Resource initiatives, a major IT project and the development of existing IT systems to increase efficienciesand levels of service both to suppliers and staff.
2.14 A Delegation Protocol was drawn up between the Directing Division and the Solicitors Division of the Office whereby, in appropriate cases, prosecutorial decisions can be made by solicitors in the Solicitors Division without reference to the Directing Division. Ultimately, this will reduce the number of files forwarded to the Directing Division for decision and thereby avoid duplication of work and will promote more expeditious and efficient processing of files in certain categories of offences.
2.15 As a result of discussions between management and unions, agreement was reached during 2007 for all internal promotion to legal posts
within the Office to be opened to legal staff in both Divisions of the Office. This agreement on cross-stream promotion will make promotion competitions more competitive by widening the pool of candidates for promotion posts and will provide wider career opportunities for professional staff. It will also serve to promote greater integration of staff from both legal divisions.
2.16 The go-live date for implementation of the new Case, Document Management and File Tracking (CDMFT) system was extended during the year in order to facilitate the development of software which proved more complex than initially envisaged. Development and testing of automated workflows to support the work of the Office also took longer than anticipated. However, the delay in implementation must be balanced against the necessity to ensure that the finalproduct meets the required standard and does not jeopardise the smooth operation of the prosecution service. The delay will not impact on the overall cost of the system as it is being developed under a fixed price contract.
2.17 The CDMFT system will act as a single point of access for our legal cases across both legal divisions and will provide an integrated system to manage prosecution files across the organisation. Feedback from initial user testing during the year, by both administrative and legal users, has been very positive. The new go-live date for implementation of the system is now October 2008 and at time of writing we are on target to meet that deadline.
2.18 In our last Annual Report we reported the upgrading of our accounting software to facilitate processing payments by Electronic Funds Transfer (EFT). During 2007 we continued to extend this facility to an ever increasing number of our suppliers. By the end of 2007 approximately 70% of our regular suppliers, including barristers on our prosecution panel, were being paid electronically. This has greatly improved the efficiency and security of payments. Payment of expenses to staff by EFT was fully implemented in early 2007 resulting in all travel and subsistence claims now being processed electronically.
2.19 Subsequent to the transfer of the State Solicitor Service to the Director of Public Prosecutions in May 2007, this Office took over responsibility for the payment of travel and incidental expenses to all state solicitors. Responsibility for all payments due to state solicitors under their contracts devolved to this Office from the Chief State Solicitor’s Office on 1 January 2008. While this represents a significant increase in work for the Office it enables us to provide a more efficient and streamlined service directly from this Office to state solicitors.
2.20 During the course of the year our Integra accounting system was modifiedto facilitate the implementation of the new interface with the Office of the Paymaster General (PMG). The required customisation of our accounting package was completed in August 2007 and implemented successfully. Details of our financial transactions are now transferred electronically to the PMG system. The modification will improve the security of payments and will automate cumbersome,labour intensive procedures.
2.21 In 2007 the Office presented its first Vote Output Statement to the Dail Committee on Finance and the Public Service. The statement is a key element of the Budget and estimates reform measures announced by the Minister for Finance in 2006. It is designed to match key outputs and strategic impacts to financialand staffing resources for the year. A copy of the Output Statement is attached at Appendix I of this report.
2.22 In March 2007 a member of legal staff was appointed as a dedicated Costs Officer within the Solicitors Division. The sole function of the Costs Officer is to process all files where costs have been either awarded to or against the Director. In november 2007 the Office also established a Costs Group. This high level group is tasked with examining our policy on costs and acting as a steering group on payment by the Office of legal costs and the recovery of costs awarded in our favour.
2.23 During 2007 the Office, together with the Centre for Management & Organisational Development (CMOD) in the Department of Finance, continued to monitor our Peoplesoft Human Resources Management System (HRMS) subsequent to the upgrading project in 2006. Training has been given by CMOD on Pension Pages, which will involve pension details for all staff being input on the system. In addition, details of the Performance Management Development System (PMDS) Annual Review Forms are now recorded on Peoplesoft HRMS.
2.24 The Office is also participating in testing on the generic link for Peoplesoft HRMS and Vision time (Time & Attendance System) which is currently being piloted by the Department of the taoiseach. It is hoped to have the interface operational in this Office by the end of 2008. When operational, the link will eliminate duplication of data entry and thereby increase efficiency.
2.25 The new integrated model of the Performance Management and Development System (PMDS) was implemented during 2007. The new model integrates assessment processes for increment approval, higher scales assignment and promotion into the existing PMDS model. The Office undertook a trial run of the integrated model during 2006, and subsequently a subgroup of our Partnership Committee carried out a survey on its implementation. The results of the survey indicated that more guidance was required for managers and staffin relation to certain aspects of the new model. As a result, additional workshops and training for managers and staff were arranged. The new integrated model was fully operational by December 2007.
ABOVE: Charlotte Points, Training Consultant, facilitating a PMDS Integrated Model training workshop in December 2007.
2.26 New probation procedures have been agreed by the PMDS sub group of our Partnership Committee. Supervisors and managers will be briefed on these, which provide for the induction and management of new staff appointed under the one year probationary contract period, as set out in the Civil Service Regulation Act 2005. Training will encompass the relevant civil service regulation requirements.
2.27 The Office continued during 2007 to provide as much information as possible to the public with regard to how we discharge our functions, through publication of Annual Reports, Strategy Statements, Guidelines for Prosecutors and information booklets. Our website is also a source ofinformation for the public and provides a range ofinformation about how the Office operates. During 2007 we recorded a total of 85,434 visits to our website. This represents a 30% increase over the 2006 figure.
2.28 Public confidence in the reliability of the information provided by this Office is essential. For this reason we have in place an Audit Committee which is tasked with systematically reviewing the control environment and governance procedures in the Office. The Committee has a role in promoting good accounting practices, ensuring better and more informed decision-making and improved focus on value for money throughout the organisation. During 2007 the Audit Committee examined Business Continuity Planning within the Office; carried out a review of the effectiveness of the system ofinternal control; and undertook a review of the implementation of recommendations in previous Audit Reports.
TOP LEFT: Photographed at a meeting of the Audit Committee, Office of the DPP - L-R (back row): Michael Liddy, Director of Case Work; Clare O’Meara, O’Meara Consulting; Declan Hoban, Head of Administration; Claire Loftus, Chief Prosecution Solicitor. L-R (front row): Mary Keane, Deputy Director General, Law Society; Tom O’Higgins, Committee Chairman; Mary Lane, Secretary to Audit Committee.
2.29 The Office of the Director of Public Prosecutions is committed to the public service modernisation programme and during 2007 submitted two progress reports to the Civil Service Performance Verification Group outlining the progress made by the Office in delivering on our commitments under the social partnership agreement towards 2016. In May 2007 representatives from the Office appeared before the Group to provide more detailed information on various aspects of our progress reports. The Group deemed that payment of the general round pay increases was warranted based on the progress achieved by the Office during the periods under review.
2.30 Interaction and co-operation with other agencies involved in the criminal justice system is essential to the provision of a focused, cohesive, effective and quality prosecution service. During the year a number ofinitiatives were implemented which served to strengthen our relationship with other agencies involved in the criminal justice system. These initiatives will serve to assist in streamlining the provision of a quality service through co-operation and consultation between the agencies involved.
2.31 the vast majority of the prosecution files received by the Office of the Director of Public Prosecutions are submitted by members of An Garda Síochána. It is therefore essential that we work closely with the Gardaí to ensure that they are kept informed of and made aware oflegal developments in the prosecution of criminal offences. During 2007 staff from this Office facilitated eleven training courses for members of An Garda Síochána from Probation Garda level to Superintendent rank.
TOP RIGHT: L-R: Raymond Kitson, Senior Assistant Director, Public Prosecution Service, Northern Ireland; James Hamilton, Director of Public Prosecutions; Barry Donoghue, Deputy Director of Public Prosecutions, photographed at the 8th Annual National Prosecutors’ Conference in Dublin Castle.
2.32 During the year under review the Office continued to contribute to training programmes in the law Society of Ireland. Lawyers from the Office delivered a total of 50 hours training in the law Society during 2007. Topics covered included disposal of indictable offences; venue for trial; advocacy; road traffic offences; and corporate crime.
2.33 A senior lawyer from this Office participated on a Steering Group established by the environmental Protection Agency to develop a training programme for officers oflocal authorities who have responsibility for investigating waste management and environmental offences. Our representative advised on the requirements for successful prosecution and how investigation filesshould be prepared. As a result of the Group’s deliberations an intensive training programme was developed. The programme is designed to be delivered to small groups of enforcement officers over the course of several days. Two such programmes took place in 2007.
TOP LEFT: James Hamilton, Director of Public Prosecutions, speaking at the Law Society Seminar in university College Cork in February 2007.
2.34 T his Office continued to work with the Head oflegal Affairs in the newly established Garda Síochana Ombudsman Commission with a view to finalisinga protocol between the two offices. The protocol will underpin the interaction between this Office and the Commission in relation to the preparation and submission of prosecution files. Work on the protocol was completed at the end of 2007 and was signed by both offices in early 2008.
2.35 In January 2007 this Office hosted its 7th Annual State Solicitors’ Seminar. The purpose of these seminars is to provide an opportunity for staff from this Office to meet with the 32 local state solicitors who represent the Director in criminal cases outside Dublin, and to discuss recent legal developments in criminal law and new legislation. The topics covered at the 2007 seminar included aspects of the Criminal Justice Act 2006, the Criminal law (Insanity) Act 2006, Assets Seizure and developments in relation to communications with victims of crime.
2.36 The 8th Annual national Prosecutors’ Conference took place in Dublin Castle Conference Centre in May 2007. This annual event, organised by this Office, provides an invaluable opportunity to meet with our stakeholders and to facilitate discussion on legal developments and on criminal law issues generally. There were approximately 250 delegates from a variety of disciplines across the criminal justice system in attendance at the conference. Topics covered at the conference included Defence of Diminished Responsibility; Witness Statements as evidence; Sentencing the Drug Offender; and the Role of the Prosecutor in Sentencing.
TOP RIGHT: Speakers at the 8th Annual National Prosecutors’ Conference - Isobel Kennedy SC, Law Library & Sean Guerin BL, Law Library pictured with James Hamilton, Director of Public Prosecutions.
2.37 The Office of the Director of Public Prosecutions continued during the year in review to participate in and contribute to various inter- agency groups including: the Balance in the Criminal law Review Group; the Criminal Justice Act Steering Group; the Garda liaison Group; the Advisory Group on Crime and Criminal Justice Statistics; the Video Interviewing Child Witness Implementation Group; the Interagency Group on Restorative Justice.; the Intergovernmental Support for Victims of Crime Project Advisory Group; the Advisory Committee on Codification of Criminal law; and various Courts Service user Groups.
2.38 In 2007 the Office continued to engage with academic institutions in order to further our knowledge and understanding ofimportant criminal justice issues. Chief among these projects is a study being undertaken by Conor Hanly of NUI Galway on behalf of Rape Crisis network Ireland. We have made a significant contribution to the project, which is aimed at better understanding the high rate of attrition among complainants in rape cases, attrition in this context referring to the decreasing numbers of cases that reach each successive stage of the criminal justice process, from Garda station to court.
TOP LEFT: James Hamilton, Director of Public Prosecutions photographed with the authors of Standards for Prosecutors: an analysis of the United Kingdom national prosecuting agencies, Barry Hancock (left), former Senior Inspector in the Crown Prosecution Service of england & Wales and former General Counsel of the International Association of Prosecutors and John Jackson (right), Queens university Belfast.
2.39 Our part in the project has been in the provision of raw material on the prosecutorial aspect of the study. 642 rape files dealt with between 2000 and 2004 have been examined, with a view to identifying the causes and points of attrition. Through participation in the project we have been afforded an opportunity to reflect on the procedures in place for dealing with files concerning sexual violence, particularly in terms of the timeliness of directions, so that we can determine whether practices can be developed to contribute to a reduction in the rate of complainant withdrawal.
2.40 We also participated in a study being conducted by Professor Dermot Walsh and Jennifer Schweppe examining the efficacy of the criminal law in combating racism. In this regard we provided data on the incidence and outcomes of prosecutions under the Incitement to Hatred legislation. Our links with the law faculties in the universities were further strengthened as we continued our internship programme for final year and postgraduate law students in 2007.
2.41 The Office also contributes to the development of criminal law at an international level and has participated in a number ofinitiatives involving various international organisations during the year. We also continued to contribute to the work ofinternational bodies and organisations including EUROJUST; GRECO; OLAF; Eurojustice, the International Association of Prosecutors; and the International Bar Association.
2.42 In February 2007 at a meeting of the OECD Working party on Competition enforcement in Paris, a lawyer from our Directing Division, in association with a lawyer from the Competition Authority, gave presentations in relation to co-ordination and co-operation between prosecutors and competition authorities in dual enforcement systems. These presentations focused,in particular, on matters relevant to the prosecution decision making process and provided an overview of the successful prosecution of cartel offences in Ireland.
2.43 In November 2007 the Office sponsored a seminar in association with the Irish Centre for European Law and the Trier Academy of European Law. The seminar took place in Dublin and was attended by delegates from across the criminal justice spectrum. The seminar topic was The Impact of the Fight Against Terrorism on EU Law and presentations were given by both national and international speakers.
2.44 A lawyer from this Office participated in a team of international experts in the evaluation of Finland’s adoption of the Council of Europe’s Criminal Law Convention on Corruption. The Director was also requested by the Directorate General for Legal Affairs of the Council of Europe to examine draft laws relating to the Public Prosecutor’s Office in Moldova and to comment on proposals for strengthening the judiciary in that country. The Director subsequently completed two reports for the Council.
2.45 In August 2007 prosecutors from Västmanland in Sweden visited Ireland. Part of their visit included a familiarisation programme on the Irish prosecution service. Staff from this Office gave presentations on various aspects of the Irish legal system and facilitated visits to the Bridewell Garda Station and Greene Street Courthouse.
TOP LEFT: Denis Butler, Office of the Director of Public Prosecutions, giving a presentation to a group of Swedish prosecutors from Västmanland who visited the Office in August 2007.
2.46 In November 2007, at the request of the Department of Foreign Affairs, the Director paid an official visit to Bulgaria to meet the Prosecutor General. During his official visit the Director, at the request of the Venice Commission of the Council of Europe, also availed of the opportunity to do some preparatory work on an opinion on the amendments to the judicial and prosecution system in the Constitution of Bulgaria.
2.47 The Director also chaired a Working Group set up by the International Association of Prosecutors (IAP) to prepare a protocol setting out the minimum standards in matters of security concerning prosecutors and their families. The Working Group presented a draft recommendation to the IAP Executive Committee in September 2007 for consideration.
2.48 One of the major challenges for the Office is how to place the victim of crime at the centre of the criminal justice system without compromising the principle that the Office represents the People as a whole. In an effort to address this challenge, the Director initiated an examination of the current policy of not giving reasons for decisions not to prosecute to victims of crime and to the families of deceased victims. The examination was concluded by the end of 2007. A Discussion Paper was published and was widely circulated in early January 2008, inviting submissions from the public and other interested parties. A copy of the Executive Summary of the Discussion Paper is attached at Appendix II of this report. A further report will be published by the Director in 2008 when an analysis of all submissions, consultations and legal issues has been completed.
TOP RIGHT: Speakers at the Seminar on Prosecution Policy on the Giving of Reasons for Decisions - L-R: Barry Hancock, former Senior Inspector, Crown Prosecution Service of England & Wales and former General Counsel of the International Association of Prosecutors; Sue Moody, Deputy Head of Policy Division, Crown Office & Procurator Fiscal Service, Scotland; and, Jim McHugh, Chairman of the Commission for the Support of Victims of Crime.
2.49 At the request of the Commission for the Support of Victims, the Office updated its Prosecution Service Charter for inclusion in a new edition of the Victims’ Charter being prepared by the Commission. The revised edition of the Prosecution Service Charter was completed in May 2007 and edited for plain English by the National Adult Literacy Agency. The Charter outlines the role of the DPP and the services that a victim can expect to receive from the Office. A copy of the revised Victims’ Charter is attached at Appendix III.
2.50 During the year under review the Office continued to liaise with victim support agencies and to contribute to the training they provide for volunteers. Our aim is to give volunteers recruited by victim support agencies a better understanding of the operation of the criminal process and the role of the Office within it.
2.51 The Office is committed to fulfilling its obligations under the Official Languages Act 2003. All publications produced by the Office are bilingual; the Office website is fully bilingual; and correspondence received in the Irish language is responded to in Irish. the Office also handles a small number of cases in the Irish language in both the Solicitors and Directing Divisions. Work has commenced on the second Irish language Scheme which will cover the period 2008 - 2011. It is anticipated that the scheme will be submitted to the Minister of Community, Rural and Gaeltacht Affairs in the first half of 2008.