Gay Mitchell
Ceist:6 Mr. G. Mitchell asked the Taoiseach if he proposes to introduce legislation changing the role of the Attorney General.
Ceisteanna — Questions. Oral Answers. - Role of Attorney General.
I have no plans to introduce legislation to change the role of the Attorney General.
In view of the fact that the Attorney General occupies a seat at the Cabinet table although he is not a member of the Cabinet, that he has had new roles conferred on him by the Supreme Court, given that he is adviser to the Government and not to Parliament — as is the case with his British counterpart — and taking into the account the fact that the Director of Public Prosecutions has very considerable independence but no accountability, would the Taoiseach agree that the office of Attorney General has now evolved into one which should be directly accountable to this House?
I do not accept that the Supreme Court have given the Attorney General any new role. They have recognised that his role is as it was always understood to be. Article 30 of the Consitution provides that the Attorney General should not be a member of the Government. The purpose of this provision is to ensure that his legal advice to the Government is independent, and not based on political considerations. As Deputies know, independent legal advice is the best type of legal advice any person, or Government, can receive. Indeed, the importance of his independent position has been emphasised on many occasions by the courts. In fact, as far back as 35 years ago the Supreme Court ruled:
... the Attorney General is in no way the servant of the Government but is put into an independent position. He is a great officer of State, with grave responsibilities of a quasi-judicial as well as an executive nature ... while he is in office he holds and, if he is to do his duty and discharge his responsibilities, must hold an independent position. He is specifically excluded from being a member of the Government, which again underlines his independent position.
That was established as far back as 1956.
Given the evolution of Governments since the year mentioned by the Taoiseach and the fact that the Taoiseach specifically said that the Attorney General not only has quasi-judicial but also Executive responsibilities, is it not time the Attorney General was given right of audience in this House or in the Seanad, so that, whenever the Attorney General is not a TD — and there were precedents in recent years, for example, between the years 1973 and 1977, when the Attorney General was a TD and took questions in this House — he should have right of audience either here or in the Seanad so that he can be questioned on these executive duties to which the Taoiseach referred in his reply?
The Deputy is not comparing like with like. In the period 1973 to 1977, the Dáil and Seanad Standing Orders were amended to allow for right of audience by the then Attorney General who was a Member of this House. That is basically what the Deputy is seeking. I have no plans to change that position.