Brian Cowen (Laois-Offaly, Fianna Fail)

The review conducted by Mr. Eddie Sullivan, former Secretary General in the public service section of the Department Finance, arose in the context of an information and notification deficit that occurred in the Attorney General's office over the handling of a particular judicial review case known as the CC case. The case was first notified to the Attorney General's office in November 2002 by the Office of the Chief State Solicitor by way of a minute referring to the case listed on 16 December 2002 and requesting the nomination of counsel. A declaration was sought in the CC case by way of judicial review that the Criminal Law (Amendment) Act 1935, section 1(1), was repugnant to the Constitution. The respondents in these cases were Ireland, the Attorney General and the DPP. The report sets out the background, explains what happened and gives the overview of the office. It goes on to make certain recommendations regarding governance arrangements and so on. All of the recommendations arising from that review are being implemented.

Regarding the question of transparency in respect of the Office of the Attorney General, the Attorney General's functions derive from the Constitution. His position is described in Article 30 of the Constitution as the advisor of Government in matters of law and legal opinion. The functions, powers and duties of the Attorney General are to be found in the Constitution, in legislation, primarily section 6 of the Ministers and Secretaries Act 1924 and in judicial decisions delivered prior and subsequent to the founding of the State. The Attorney General is assisted by advisory counsel in the discharge of this wide range of functions. The four principal legal functions carried out by the office as a whole may be summarised as the provision of legal advice, legislative drafting, the processing of litigation and conveyancing and other transactional services through the Office of the Chief State Solicitor.

In regard to the policy that applies, I am answerable for this in the House. The Attorney General, in terms of legal advice, has the confidentiality of Cabinet. It is important we respect his independence and that his advice is given based on the merits of the case. It is a matter for Cabinet or Ministers to decide what they wish to do thereafter. I believe there is transparency consistent with the Attorney General being allowed to carry out that independent role effectively.

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