Dáil debates

Thursday, 30 September 2021

Ceisteanna ó Cheannairí - Leaders' Questions

 

12:10 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

There is an astonishing story in The Irish Timestoday on which we urgently need further information. It transpires the Attorney General, Paul Gallagher, has been carrying on private legal work since he was appointed by the Government in June 2020. According to the article, Mr. Gallagher is acting for the former directors of Independent News & Media, INM, now known as Mediahuis Ireland, after INM was taken over by a Belgian company, in their dealings with High Court inspectors who are investigating the company. What makes this even more bizarre is the High Court inspectors were appointed on foot of an investigation that is under way into the company by the Office of the Director of Corporate Enforcement, ODCE, the State's white-collar crime watchdog. We have the Attorney General, the State's top lawyer, acting for a number of former company directors of one of the biggest media companies in the country in a case which emanated from an inquiry by the State's corporate watchdog. You could not make it up.

It has also been reported that one of Mr. Gallagher's clients is a current board member of Mediahuis. It really is quite extraordinary. The Irish Timesarticle stated Mr. Gallagher is acting in the case in a private capacity. I do not know how that works. Is he Attorney General by day and a more ordinary barrister by night? Mr. Gallagher cannot simply take off his Attorney General's hat, leave it at the door and enter the room as a different persona. His office carries weight, power, authority, and responsibility, not to mention obligations that cannot just be shrugged off whenever it is expedient to do so. On what planet was it felt that it was appropriate to do so, especially given the case is the most high-profile investigation currently being undertaken by the ODCE? The conflict of interest here is just stunning, and multilayered.

There is the obvious conflict of the Attorney General being involved in a case in which the State is on the other side. Apparently, Mr. Gallagher sought and received Government approval to carry on his private legal work. Who exactly authorised this? Was it a decision by the Taoiseach or a Cabinet decision? Is there a record of it? Who provided the legal advice to whoever made this decision? Was the Tánaiste aware of it?

Incredibly, we do not know if this is the only case the Attorney General is involved in. There could well be others. We need clarity on that today. How many private legal cases is the Attorney General acting in, and who exactly are his clients? There are strict rules when it comes to civil servants, in particular senior civil servants, engaging in private work. Were those rules followed by the Attorney General? Like Deputies and Senators, the Attorney General has to fill out a statement of interests that is lodged with the Standards in Public Office Commission, SIPO.

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