Clause 31 - Director of Public Prosecutions
Justice (Northern Ireland) Bill
10:30 am

Photo of Mr Seamus Mallon

I beg to move amendment No. 200, in page 18, line 32, at end insert—

'(3A) Subject to subsection (8), the Director and Deputy Director shall be appointed by open competition.'.

First, I express my thanks to the hon. Member for Reigate (Mr. Blunt) for moving the two amendments on Thursday afternoon that were tabled in my name. I appreciate it, because I had to leave early.

Amendment No. 200 is simple and straightforward. Subject to subsection (8), it would require that the Director and Deputy Director of Public Prosecutions should be appointed by open competition. It seems remarkable in this day and age that such amendments should be necessary, especially as the review of the criminal justice system in Northern Ireland is emphatic on the subject. The review states:

''It is particularly important that the process of appointing the head of the Public Prosecution Service is insulated from any possibility or appearance of political influence.''

The review went on to recommend that

''the appointment process for the head of the Public Prosecution Service and deputy be through open competition, with a selection panel, in accordance with procedures established by the Civil Service Commissioners for Northern Ireland.''

There can be no doubt as to the wishes of the review. Not only does it specify what it wants, but it specifies in detail how that might happen.

I believe strongly that it is an important issue. If we are to take a new approach to the criminal justice system with regard to prosecution, the selection of judiciary and so on, why must we keep the anachronism of the DPP not being appointed by open competition? There must be a reason. I could guess at two or three, but I shall wait to hear what it is. I look forward to hearing why the appointment should not be through open competition, because under the new dispensation in the north of Ireland almost all such posts are advertised and made through open competition, with the help of the expertise of the Civil Service Commissioners.

We should know why the Bill does not state that the appointments will be made by open competition. Most importantly, I ask the Minister to give his assessment of the effect that not having open competition for the position might have on public reaction to the Bill.

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