Seanad debates
Tuesday, 7 October 2003
Order of Business: Motion. - Commission to Inquire into Child Abuse: Statements.
I do not understand the questions surrounding the role of the Attorney General. I understand the Attorney General would only have been involved in the legalities of the agreement. Nobody has indicated to me that legal advice would have resulted in a different course of negotiation. The Attorney General was hardly likely to be called upon to give advice on the amounts involved or on the negotiation process. It has been suggested that the Minister and Secretary General should have been accompanied by a legal adviser in the negotiations. It is not that long ago that Deputy Noonan was hammered because he followed legal advice in the terrible case in County Donegal. I have often had to take decisions against legal advice and there is no harm in conducting negotiations in the absence of legal advisers. Most of the time they block negotiations because they will not allow people to speak freely. I do not have a principled objection to the fact that in this instance negotiations took place in the absence of the Attorney General's representatives because they always advise silence in view of the danger of incrimination and so on. Negotiation is concerned with the parties saying more than needs to be said.
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