Clause 87 - Transitionals and savings

Part of Justice (Northern Ireland) Bill – in a Public Bill Committee am 11:00 am ar 14 Chwefror 2002.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Seamus Mallon Mr Seamus Mallon Social Democratic and Labour Party, Newry and Armagh 11:00, 14 Chwefror 2002

Yes, but that is not compatible with the recommendation of the review group. Recommendation 17, which is about the prosecution service, is unambiguous:

''in all criminal cases . . . responsibility for determining whether to prosecute and for undertaking prosecutions should be vested in a single independent prosecuting authority.''

However, the provision allows the DPP the latitude to determine whether it is reasonably practical and allows him to take on as much or as little as he decides. That is indicated by the wording of subsection (4), which is worth a read in the interests of the English language, if nothing else:

''If on the coming into force of subsection (1) of section 32 it is not reasonably practicable for the Director to comply with the duty imposed by that subsection to its full extent, until it is reasonably practicable for him to do so that subsection is to be taken to impose on him a duty to take over the conduct of such descriptions of the proceedings specified in that subsection as it is reasonably practicable for him to conduct.''