Gerard Craughwell (Independent) | Oireachtas source

Yesterday legislation introduced by Deputy Clare Daly was voted on in the Dáil and defeated on the advice of the Attorney General. The matters surrounding the issue raise questions that must be addressed in a modern democracy. Article 30 of the Constitution states:

1 There shall be an Attorney General who shall be the adviser of the Government in matters of law and legal opinion, and shall exercise and perform all such powers, functions and duties as are conferred or imposed on him by this Constitution or by law.

2 The Attorney General shall be appointed by the President on the nomination of the Taoiseach ...

4 The Attorney General shall not be a member of the Government.

In recent years the Government has frequently advised the Oireachtas and the public that, on the advice of the Attorney General, it had no choice but to enact or oppose an item of legislation. The question arises as to why such weight is attached to the advice of one man or woman. Why is one barrister's advice held in such high esteem? Is the Law Library not full of contradictory voices and opinions? The Attorney General who is referred to as the chief law officer of the State cannot have his or her advice followed slavishly and without question. Appointment as Attorney General does not bestow infallible wisdom on the holder of the office for, if it did, it would make the Taoiseach infallible in the selection of the officeholder.