New group to study role of the Garda

The continuing role of the Garda in prosecuting as well as investigating crime is to be examined by a study group appointed to review the public prosecution system. Membership of the group, to work under the auspices of the Office of the Attorney General, was announced yesterday.

The decision to conduct such a study stems from a recommendation in the Report of the Review Group on the Law Offices of the State, published in February.

The group has been asked to review the legal and organisational arrangements for the public prosecution system.

Its remit covers whether there is a continuing role for gardai to prosecute as well as to investigate crime; and whether all prosecutions should be conducted by lawyers.

The study will also consider whether aspects of other comparable jurisdictions could be adopted to the advantage of the Irish public prosecution system.

It will also examine whether, and in what circumstances, prosecutions should be conducted by barristers or solicitors employed by the DPP as prosecutors; independent practitioners at the Bar; independent solicitors with a contractual relationship with the DPP, the Attorney General or his Office; solicitors employed by the Attorney General or his Office; and members of the Garda.

Its investigations will also focus on whether there should be any changes in the functions of the Criminal Trials Section of the Chief State Solicitor's Office and the local State Solicitor's Office, the local State Solicitors and the DPP and his Office.

Mr Dermot Nally, former secretary to the Government, will chair the study group and is to be assisted by Mr James Hamilton, director-general at the Attorney General's Office; Mr Michael Buckley, Chief State Solicitor; Mr Simon O'Leary, deputy director at the DPP's Office; Deputy Garda Commissioner Mr Noel Conroy; and Ms Frances Cooke, a revenue solicitor.

Other members of the group are Mr Justice Kevin Haugh; Mr Denis McCullough SC; Dr Finbarr McAuley, UCD; Mr Peter Charleton SC; Mr Peter Jones, president of the State Solicitors' Association; Mr Patrick Howard, principal officer at the Department of Finance; and Mr James Martin, principal officer at the Department of Justice, Equality and Law Reform.