Gardaí could be asked to routinely show full case-file details to defendants under plans for a new EU directive which are currently being scrutinised by the Oireachtas.


In a development which could have a significant impact on the operation of the district courts, the proposed directive includes a section where member states are required to "ensure that an accused person or his lawyer is granted access to the case-file once the investigation of the criminal offence is concluded".


This would be done "in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions".


At a recent meeting of the Dáil's justice committee, where the proposed directive was debated, Minister for Justice Dermot Ahern warned that "access to a case-file is not a concept known to our law" and vowed to have the relevant section altered.


"The investigation of offences is carried out by the Garda Síochána and the decision to prosecution [sic] is then made by the Director of Public Prosecutions.


"It would not be appropriate to disclose the Garda file," he said. "This is a matter which again must be clarified... to reflect our type of legal system as opposed to that in some of the other member states in civil law jurisdictions."


But following questioning by Labour Party senator Ivana Bacik, the justice minister appeared to acknowledge that the state would have to change its procedures if the directive as it currently stands is not altered.


"I would envisage that it would have to change to reflect our position, although there might be a clarification," Ahern added.