Attorney General of Ireland

































Attorney General of Ireland

Coat of arms of Ireland.svg
Coat of Arms of Ireland


Incumbent
Séamus Woulfe

since 14 June 2017
Office of the Attorney General
Nominator Taoiseach
Appointer President
Inaugural holder Hugh Kennedy
Formation 31 January 1922
Website www.attorneygeneral.ie

The Attorney General of Ireland (Irish: An tArd-Aighne) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends government meetings. The current Attorney General is Séamus Woulfe, SC.




Contents






  • 1 Mission


  • 2 Overview


  • 3 History


  • 4 List of Attorneys General


    • 4.1 Attorneys General of the Irish Free State


    • 4.2 Attorneys General of Ireland




  • 5 See also


  • 6 Notes


  • 7 External links





Mission


''The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices.''



Overview


The office and functions of the Attorney General are outlined in Article 30 of the Constitution of Ireland.


The Attorney General has always been a barrister rather than a solicitor, although this is not a requirement for the post. In cases where a barrister nominated by the Taoiseach to be the Attorney General was not a Senior Counsel at the time, the government of the day has made them one first, as occurred in the cases of John Rogers BL and John M. Kelly BL.


The Attorney General advises the Government on the constitutionality of bills and treaties, and presents the Government's case if the President refers any bill to the Supreme Court under Article 26 of the Constitution before signing it.


The Attorney General has few prosecution duties; these are limited to functions under the various Fisheries Acts and Extradition Acts. Instead, the Director of Public Prosecutions has responsibility for all other criminal prosecutions in the State.


The Office of the Attorney General, is made up of a number of different offices:



  • The Attorney General's Office (located at Merrion Street, Dublin 2) containing the Advisory Counsel to the Attorney General (providing legal advice)

  • The Office of the Parliamentary Counsel (also located at Merrion Street, Dublin 2) containing the Parliamentary Counsel who draft legislation and have responsibilities in the area of Statute Law revision


  • The Chief State Solicitor's Office (located at Little Ship Street, Dublin 8) containing the solicitors representing the Attorney and the State who provide litigation, conveyancing and other transactional services

  • The Statute Law Revision Unit which simplifies and improves the body of statute law


Part of the Attorney General's function has been to identify and prepare the repeal of all legislation passed before independence. This includes laws of the United Kingdom of Great Britain and Ireland, Britain, England, and the Irish Parliament. For example, the killing of cattle in Dublin is still regulated, in part by an Irish act of 1743, while the "Treatment of Foreign Merchants" is governed by 25 Edw. 1 Magna Carta c. 30, an act of the Parliament of England dated 1297.



History


The office, which was created in the 1937 Constitution of Ireland, is a lineal successor of the offices of Attorney-General for Ireland, Attorney-General for Southern Ireland and the Attorney-General of the Irish Free State (Irish: Príomh-Atúrnae Shaorstáit Éireann). Unlike the modern office, those earlier offices were a creation of statute law, not a written constitution. Unlike the modern office, the earlier offices also had a hyphen between the words attorney and general.


Two less well known but significant roles played by all Irish Attorneys General to date are as the "leader of the Irish Bar" and as a Bencher of the King's Inns. The acceptance by Attorneys General of these non-statutory and often secretive roles upon taking office throughout the years has been questioned and criticised as inappropriate for a Constitutional office-holder. In 1990, the Irish Government's Fair Trade Commission stated that "[w]e have recommended that the Bar Council should be the primary disciplinary body for barristers, and it does not include any members of the judiciary. The Attorney General is, however, a member of the Bar Council, and the Commission believes that it is preferable that he should not be involved when the Bar Council is exercising its disciplinary function. The Attorney General is also a member of the Council of King's Inns, and the Commission believes it to preferable that he should not participate in any disciplinary activity pursued by that body either. Indeed, in general, we find the membership of these bodies by the Attorney General to be somewhat anomalous."[1]



List of Attorneys General














































































































































































































































































Attorneys General of the Irish Free State


No.
Name
Term of Office
Subsequent judicial or political career
1.

Hugh Kennedy
31 January 1922[2]
5 June 1924

Chief Justice 1924–1936
2.

John O'Byrne
7 June 1924
9 January 1926

High Court judge 1926–1940
Supreme Court judge 1940–1954
3.

John A. Costello
9 January 1926
9 March 1932

Taoiseach 1948–1951, 1954–1957
4.

Conor Maguire
10 March 1932
2 November 1936
President of the High Court 1936–1946
Chief Justice 1946–1961
5.

James Geoghegan
2 November 1936
22 December 1936
Supreme Court judge 1936–1949
6.

Patrick Lynch
22 December 1936
31 December 1937
Continued as AG of the Republic of Ireland


Attorneys General of Ireland


No.
Name
Term of Office
Subsequent judicial or political career


Patrick Lynch
1 January 1938
1 March 1940
Was last AG of the Irish Free State
7.

Kevin Haugh
2 March 1940
10 October 1942
High Court judge 1942–1961
Supreme Court judge 1961–1969
8.

Kevin Dixon
10 October 1942
30 April 1946
High Court judge 1946–1959
9.

Cearbhall Ó Dálaigh
30 April 1946
18 February 1948

10.

Cecil Lavery
19 February 1948
21 April 1950
Supreme Court judge 1950–1966
11.

Charles Casey
21 April 1950
12 June 1951
High Court judge 1951–1952


Cearbhall Ó Dálaigh
14 June 1951
11 July 1953
Supreme Court judge 1953–1973
Chief Justice 1961–1973
European Court of Justice judge 1973–1974
President of Ireland 1974–1976
12.

Thomas Teevan
11 July 1953
30 January 1954
High Court judge 1954–1971
13.

Aindrias Ó Caoimh
30 January 1954
2 June 1954

14.

Patrick McGilligan
2 June 1954
20 March 1957


Aindrias Ó Caoimh
20 March 1957
15 March 1965
President of the High Court 1966–1974
European Court of Justice judge 1975–1985
15.

Colm Condon
16 March 1965
14 March 1973

16.

Declan Costello
15 March 1973
19 May 1977
Judge of the High Court 1977–1998
President of the High Court 1995–1998
17.

John Kelly
20 May 1977
5 July 1977

Minister for Trade, Commerce and Tourism 1981–1982
18.

Anthony J. Hederman
6 July 1977
29 June 1981
Supreme Court judge 1981–1993
19.

Peter Sutherland
30 June 1981
9 March 1982

20.

Patrick Connolly
10 March 1982
16 August 1982

21.

John L. Murray
17 August 1982
14 December 1982



Peter Sutherland
15 December 1982
12 December 1984

European Commissioner for Competition 1985–1989
22.

John Rogers
13 December 1984
10 March 1987



John L. Murray
11 March 1987
25 September 1991
European Court of Justice judge 1992–1999
Supreme Court judge 1999–2015
Chief Justice 2004–2011
23.

Harry Whelehan
26 September 1991
11 November 1994
President of the High Court 15–17 November 1994
24.

Eoghan Fitzsimons
11 November 1994
15 December 1994

25.

Dermot Gleeson
15 December 1994
26 June 1997

26.

David Byrne
26 June 1997
17 July 1999

European Commissioner for Consumer Protection 1999–2004
27.

Michael McDowell
17 July 1999
6 June 2002

Minister for Justice, Equality and Law Reform 2002–2007
Tánaiste 2006–2007
Senator 2016–
28.

Rory Brady
7 June 2002
14 June 2007

29.

Paul Gallagher
14 June 2007
9 March 2011

30.

Máire Whelan
9 March 2011
14 June 2017

Court of Appeal judge 2017–
31.

Séamus Woulfe
14 June 2017

Incumbent



See also


  • Politics of the Republic of Ireland


Notes





  1. ^ Fair Trade Commission Report of Study into Restrictive Practices in the Legal Profession (Dublin: Government of Ireland Stationery Office, 1990) Paragraph 16.51


  2. ^ Initially Kennedy did not hold the title of Attorney General although he was legal adviser to the Provisional Government of the Irish Free State – Kennedy was only formally appointed Attorney General on 7 December 1922, the day after the establishment of the Irish Free State. Article at University College Dublin archives department




External links



  • Office of the Attorney General

  • Irish Statute Book, produced by the Office of the Attorney General










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