Seanad debates
Thursday, 8 November 2018
Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)
10:30 am
Gerard Craughwell (Independent) | Oireachtas source
The Attorney General is appointed under the Constitution and his or her job is to advise the Government. He or she cannot be restricted by legislation. That is what makes this legislation unique and different from anything else the Minister is considering holding forth as peer legislation. The Attorney General must be free to carry out the function that he or she is appointed to do under the Constitution. That means he or she must be free to advise the Government that the recommendations brought forward by the commission are wrong in his or her view and is also in a position to say at that stage, "I believe we should be considering A, B or C rather than the people in front of us".I ask that the Minister consider tabling an amendment that would release the Attorney General from any restriction when advising Cabinet. I do not expect him or her to go to the media but I expect an Attorney General to be free to carry out the role he or she has under Article 30 of the Constitution.
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