I propose, with your permission, Sir, to take Questions Nos. 1 and 3 together.
Since 1922 the position of the Attorney General in regard to (a) entitlement to retain fees for services as Attorney General and (b) liberty to engage in private practice has been as follows:
(a) Entitlement to retain fees for services as Attorney General.
According to the records of my Department the first five persons who held office as Attorney General were entitled to retain these fees as personal income. From the 22nd December, 1936, to the 18th February, 1948, the four persons who held office as Attorney General were required to surrender such fees to the Exchequer. From the 19th February, 1948, to the 29th January, 1954, the four persons who held office as Attorney General were entitled to retain these fees as personal income as was also the person who held office from the 2nd June, 1954, to the 20th March, 1957. The present Attorney General, both in respect of his appointment from the 30th January, 1954, to the 2nd June, 1954, and his present appointment from the 20th March, 1957, to date, has surrendered these fees to the Exchequer.
(b) Liberty to engage in private practice.
According to the records of my Department the six persons who held office as Attorney General from the 7th December, 1922, to the 1st March, 1940, were free to engage in private practice. The three persons who held office as Attorney General from the 2nd March, 1940, to the 18th February, 1948, were not entitled to do so. From the 19th February, 1948, to the 12th June, 1951, the two persons who held office as Attorney General were free to engage in private practice. The three persons who held office as Attorney General from the 14th June, 1951, to the 2nd June, 1954, were not entitled to engage in private practice. Since the 2nd June, 1954, the two persons who held office as Attorney General, including, the present holder, have been free to engage in private practice.
There are no official records which would enable me to state to what extent, if at all, such of the holders of the office of Attorney General as were free to do so did, in fact, engage in private practice—nor, of course, are there any official records of the amount of any fees they received for such work.
The then Taoiseach, in supplementary replies to a question addressed to him in this House on the 1st May, 1957, explained fully the considerations involved in the understanding relating to the question of engaging in private practice.
2.