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Attorney General - Coggle Diagram
Attorney General
• ROLES
AG is crucial in providing a point of contact, and a method of communication, between the judiciary and other branches of Government.
AG is responsible for drafting legislation, advising Government departments and conducting civil litigation.
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AG advises the Government on the constitutional and legal issues which arise prior to or at Government meetings, including whether proposed legislation complies with the provisions of Bnah, acts and treaties of the EU, ECHR or other international treaties to which Ireland has acceded.
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AG is the representative of the public in all legal proceedings for the enforcement of law and the assertion or protection of public rights.
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AG is an ex officio member of the Council of State which the President can consult in relation to his exercise and performance of certain powers and functions.
AG also has functions in respect of the LRC in respect of legislative programming as a member of the Legislation Committee which is chaired by the Government Chief Whip.
AG is appointed by the President on the nomination of the Taoiseach and leaves the office if the Government changes. Usually the person appointed is a lawyer who is politically associated with the party in power. While AG is not a member of the Government, they traditionally attend at cabinet meetings.
AG has a crucial role in vindicating the rights of citizens, maintaining the highest standards in the legal profession and as a point of contact between the judiciary and other branches of Government.
• Article 30:
there is no eligibility requirements but the role is usually a senior counsel (barrister). AG cannot be a member of Government.
McLoughlin v Minister for Social Welfare: addressed the issue of their independence. They are independent and not a servant of the government.
Byrne v Ireland: noted their quasi-judicial and executive nature i.e. a unique position where they are neither the legislature, executive nor cts.
The primary function is an advisor to the Government in matters of law and legal opinion. This allows them to have legal professional privilege.
Costello v DPP: power to send forward an accused for trial where DC had refused to do so was likewise held to be unconstitutional interference with the administration of justice. The old criminal proceedings obligations of AG are now vested in the DPP.
AG is normally party to litigation involving the State i.e. where the State is a party to proceedings, the case is taken in the name of AG.
AG will also defend the constitutionality of a bill before the SC i.e. making them a constitutional guardian. This was seen most famously in AG v X.
AG (SPUC) v Open Door Counselling: noted that he is entitled to sue to restrain the commission of an unlawful act, to protect and vindicate a right acknowledged by BnaH to prevent the corruption of public morals. This means he can commence proceedings on his own mandate.
• AG v Hamilton: beef tribunals enquiries into documents relating to cabinet discussions. SC upheld cabinet confidentiality, Taoiseach still released them. Despite this, AG did not intercede by way of injunction because AG acts on government consent.
AG v Dublin Tramways: AG held to be the correct plaintiff in action for loss of services of a policeman through d’s negligence.
Irish Permanent Building Society v Caldwell: p alleged that a rival building society was in breach of the public interest. AG was again the appropriate plaintiff.
McLoughlin v Minister for Social Welfare: AG is in no way a servant to the government but is in an important independent position.