Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I propose to take Questions Nos. 14 to 16, inclusive, together.

The State litigation principles mark a codification and public statement of best practice in the State’s conduct of litigation. They were approved by the Government on 30 May. The 15 litigation principles were drawn up by the Attorney General following consultations with senior legal staff in his office on the advisory counsel side, in the Chief State Solicitor’s office and in the State Claims Agency. It should be noted that many of them are already applied on a daily basis by officials and lawyers charged with managing litigation on the State’s behalf. They are not, therefore, intended to change radically how the State conducts litigation. They affirm that the State should act in the public interest in pursuing litigation and should consider this broader public interest before taking certain procedural steps in litigation.

The principles apply where the State, through the Government, a Minister or a Department of State or an agency under its direct control, engages in litigation. They are intended to act as guidelines to help maintain existing high standards of ethics and integrity in the conduct of litigation by the State. They do not, however, contain rules of law, have any binding legal effect or alter the fact that the State has the same entitlements as any other party to litigation either as plaintiff or defendant.

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