Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

If there is going to be a debate about reform of the Office of the Attorney General, it is important that everyone in the House has a clear understanding of the functions, role and limitations of that office. As the Taoiseach indicated, under Article 30, it is clear that the Attorney General is an adviser to the Government. That is the Attorney General's sole function. The Attorney General provides legal advice to the Government and Ministers in order that they, in navigating policy decisions, can ensure they abide by the law. Also, the Attorney General can, like any other lawyer, set out a litigation strategy. Let us be clear, when it comes to a decision about what strategy should be adopted, that is a decision for the principal, not the lawyer who provides advice. We need to recognise that, under the Constitution, the Attorney General is not a member of the Government. Rather, he is an adviser to the Government. It is also the case that he is the guardian of the public interest. Nowhere is that set out in Article 30, but it is a development of the common law in Ireland. That function is limited. I was interested to hear what Deputy Bacik said about the legislation proposed. That may be a beneficial development of the Office of the Attorney General, but, in my opinion, it would require a constitutional amendment because his sole role is to give legal advice to the Government.

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