Mary Harney
Question:6 Miss Harney asked the Taoiseach when the post of senior legal assistant in the office of the Attorney General will be filled; and the procedures that will be followed. [10227/95]
Ceisteanna—Questions. Oral Answers. - Office of Attorney General Appointment.
As the House will be aware, the post only became vacant on 2 June on the voluntary early retirement of Mr. Matthew Russell. The Attorney General is in consultation with the Top Level Appointments Committee in relation to filling the senior legal assistant post and the procedures to be followed in that regard.
What are the requirements for this position?
The requirement is to be the senior official in the office dealing with all matters within the remit of the Attorney General.
What qualifications are required for this position?
It is necessary for a person to be a barrister of ten years' standing. There are a number of other requirements and I will obtain those for the Deputy.
Will this post be open to people who are currently not working in the Attorney General's office?
That matter is under consideration at present.
Will it be possible for people who are not working in the Attorney General's office at present to apply for this position, as is the case with all top level appointments where TLAC operates?
That matter is under consideration at present and when the decision is made I will be in a position to give the Deputy an answer.
It should automatically be open to other people to apply.
Will the appointment be made under the auspices of the TLAC?
Yes.
In view of the difficulties experienced in trying to discipline public servants and the fact that golden handshakes are necessary to do so, does the Taoiseach envisage, in terms of this appointment and future appointments of this kind, that new disciplinary procedures will be put in place to make it much easier to discipline those who are negligent in the performance of their duties?
I wonder are we going beyond the bounds of the question.
We are. As the House is probably aware, that matter is being dealt with in the context of the strategic management initiative and the review of the Ministers and Secretaries Act. There is a need to consider the whole question of accountability within the public service and how that can best be exercised. As the House is aware from the debate last week, we are working on legislation, some of which dates back a considerable time and some of which has never been used. This issue is being considered in respect of the whole public service in the context of a review of the Ministers and Secretaries Act and the strategic management initiative.
Will the Taoiseach indicate if the post of senior legal assistant will be open to any barrister who may have advised any person in the Attorney General's office dealing with the Fr. Brendan Smyth file?
There would be no automatic disqualification of anybody from applying for this post on the grounds suggested by the Deputy, but it is unlikely that situation will arise. As I understand it, no such disqualification would exist prima facie.
That position is restricted to the Attorney General's office.
Regarding the filling of this important post, will it be open to male and female solicitors? On the issue of reviewing the regulations governing the disciplining of civil servants in such circumstances as arose two weeks ago, will the Taoiseach confirm that he will never withhold information from the House because of a fear of litigation by a civil servant?
I will not make any such confirmation. In my dealings with the House, I always take due account of my various responsibilities, including those regarding due process and fair procedure.
The Taoiseach has not replied as to whether the position will be open to solicitors.
As I said in response to Deputy Harney, such matters are under consideration and I am not in a position to give a definitive answer on them.