Prosecutions of serious crimes could be affected as Office of DPP faces industrial action
A wide range of prosecutions, including for serious crime and sexual offences, could be adversely affected by industrial action set to begin next week at the Office of the Director of Public Prosecutions (ODPP). Amid a long-running dispute concerning if, how and when vacancies for senior prosecutors are filled, the ODPP was this week notified by Fórsa trade union that industrial action will begin on October 1st, involving the withdrawal of specified services over four weeks. Under the notice, participating solicitors will refuse to deal with emergency out-of-hours calls from gardaí seeking advice on legal issues about a suspect’s detention prior to charge, and whether there is sufficient evidence to charge a suspect. Advice concerning High Court inquiries into the legality of a person’s detention and assistance with proposed execution of bench warrants will also be withheld. All such calls will be forwarded to the ODPP’s private secretary, as will emergency calls from gardaí seeking to have a special sitting of the Special Criminal Court. Out-of-hours calls under the sea-fisheries rota will also be referred to the Director. Fórsa members are also directed not to handle any part of the caseload of a team member who has left the office, or a particular section of it, and not been replaced. All such cases in the specialist units of the ODPP, including its directing division (involving issuing directions relating to the prosecution of cases), serious financial crime and serious and sexual offences are to be referred to the Director via her private secretary. All such cases originating in the District and Circuit Courts – the judicial review section, appeals section, victims unit and international unit – are also to be referred. A spokesman for the ODPP told The Irish Times it “acknowledges the notification of industrial action received from Fórsa”. “As this is an ongoing industrial relations matter, it would not be appropriate to comment on the detail of discussions,” he said. About 90 legal professionals in the ODPP voted last April for industrial action but it was temporarily suspended in May to allow for further engagement. Last week, Fórsa informed members their concerns about identifying, recognising and filling prosecutorial vacancies by internal competition, as they arise, had not been resolved. Members voted to proceed with industrial action and the ODPP was so notified this week. The action is separate from national industrial action measures due to be taken on September 30th. In communications to the ODPP, the union said it wanted to convey “the extreme anger and utter demoralisation” of members “in respect of the Director’s handing of this dispute”. There was “no basis” to continue negotiations “where the Director wants to retain full discretion in relation to the identification, recognition and filling of vacancies, and where it has been communicated to Fórsa that a business case is necessary in relation to each and every vacancy”, it said. The Director’s position could lead to a “significant diminution” in the number of legal professional posts and consequential “limitless” increase in its members’ workloads, it said. The Director, Catherine Pierse, informed staff last Monday of plans to carry out a review, supported by external consultants, of the office’s leadership and management structures, including the role of deputy DPP. Pending that review, she was deferring the competition for the role of deputy DPP, she said. Sanction from the Department of Public Expenditure for that role is due to expire on October 4th when the acting deputy DPP would return to her former role as chief prosecution solicitor and the prosecutor who had taken on the CPS role would return to his former role, she said.