Oireachtas Joint and Select Committees

Wednesday, 6 December 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Functioning of the Department of Justice and Equality: Department of Justice and Equality

9:00 am

Photo of Mick WallaceMick Wallace (Wexford, Independent) | Oireachtas source

On Monday, 27 November, a Department of Justice and Equality spokesperson confirmed to RTÉ that the contact between the Department and the Attorney General's office was in fact for information purposes only and that it was not legal advice. I am curious as to how a defence based on legal advice was ever formed in respect of the email of 15 May. That email reads: "Richard and I agreed that this is a matter for the Commissioner [...] and that neither the Attorney nor the Minister has a function relating to the evidence a party to a Commission of Investigation may adduce." Was it ever the opinion of the Department that this was legal advice or was that solely the opinion of the Government, which it used as a defence?

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