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Dáil Éireann díospóireacht -
Thursday, 1 Jul 1971

Vol. 255 No. 3

Ceisteanna—Questions. Oral Answers. - State Counsel Panel.

3.

asked the Taoiseach if there exists a panel from which junior and senior counsel are selected to act on behalf of the State; and, if not, the method of making such selection.

Counsel to act for the State are selected by the Attorney General and the method of choice is a matter for him. For each county a particular junior counsel is normally briefed by the Attorney General for the prosecution of offences and, in the case of Dublin, a number of such counsel are needed for briefing. For certain purposes of a particular nature where counsel may be required at short notice, the Attorney General has supplied some names to the Chief State Solicitor. Other than this, a list of counsel does not exist.

Is it not the case that these counsel are chosen entirely on the basis of their political affiliations and would the Taoiseach consider bringing this practice to an end so that counsel of all political affiliations could do State work?

That is not true.

Everybody knows it is true.

I have here a list of some of the counsel who were briefed and this contains the names of people who are very partial to the Deputy's line of politics.

The amount of work they have got by comparison with what has been got by——

When I was practising at the Bar at a time when Fianna Fáil were in opposition two Fine Gael Deputies happened to be my colleagues. They got the State briefs but I never objected to this.

Would the Taoiseach not agree——

I am calling Question No. 4.

——that while occasionally crumbs may fall from the table to barristers of the Opposition Parties, the vast amount of money is paid mainly to counsel who support whichever party happens to be in power? Would the Taoiseach not agree that this is a bad practice?

Most of the briefs go to barristers who are disposed favourably to the party in power. That has always been the practice.

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