The independent Office of the Director of Public Prosecutions (DPP) has played “a pivotal role” in the State’s criminal justice system over the last five decades and will continue to do so, the Taoiseach has said.
Addressing an event in Dublin on Thursday marking the 50th anniversary of the establishment of the Office of the DPP in 1975, Micheál Martin said its work was “crucially important” and “central to the health and resilience of our society”.
It was “essential for the rule of law and for the safety of our communities” that people could have faith in the administration of justice and confidence “that every criminal complaint will be dealt with fairly, and effectively and independently – without fear of influence or prejudice”, he said.
Mr Martin said the Government was committed to prioritising investment across the justice system and to initiatives including a review of the criminal justice system with a view to improving efficiency, removing blockages and cutting waiting times.
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Among those at the event on Thursday, hosted by the DPP Catherine Pierse, were Minister for Justice Jim O’Callaghan, Attorney General Rossa Fanning, former DPPs James Hamilton and Claire Loftus, the family of the first DPP, Eamonn Barnes, who died in 2017, and judges and gardaí.
During the event, the Taoiseach launched a book by Dr Niamh Howlin, of University College Dublin’s Sutherland school of law, which was commissioned by the Office of the DPP to mark the 50th anniversary.
Entitled The History of the Office of the DPP: 1975-2025, the book “shines a light on the Office’s many challenges, milestones and ultimately its place at the heart of Ireland’s criminal justice system”, Mr Martin said.
He paid tribute to all four holders of the position of DPP for their work.
Ms Pierse’s role in helping to build collaboration with other criminal justice partners over the years has been “hugely influential” in bringing about improvements for users of the criminal justice system, he said.
In her address, Ms Pierse said a statement by former deputy DPP Barry Donoghue that “the worst thing you can have in a democracy” is a popular DPP “really resonates with me”.
The key principle underpinning the office’s work was that prosecutions were brought on behalf of the people of Ireland “and not on behalf of any individual, organisation or government”, she said.
The value of independence of the Irish prosecution service was “deeply embedded in our culture”, but that independence “is not a shield from scrutiny or transparency; nor is it a reason to isolate from the rest of the system”.
Because of the “enormous significance” of the office’s decisions on people’s lives, there were “checks and balances” in the decision-making system, she said. Decisions to prosecute could be tested in court and victims were entitled to reasons and a review of decisions not to prosecute.
The director also said there was a need to review and revisit policies and practices underpinning the approach to disclosure of material for trials, including the fact the defence has no statutory obligation to engage about identifying material that might be relevant to it.
She welcomed a Supreme Court judgment which disagreed that disclosure of counselling notes in sexual offence cases was required on the basis the material was remotely or potentially relevant.
Ms Pierse said other categories of records could also contain private information such as medical, social work or family law records and mobile phone data. Having systems to support early engagement concerning disclosure was “key”.
The director said the review of legal aid led by the Department of Justice was vital in this regard.
She said it was “important for the administration of justice” that people were attracted to work in criminal law, that remuneration was “fair” and that defence lawyers and prosecution counsel fees were structured to support early engagement with a case.
