Attorney General of Ireland
Encyclopedia
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland
. 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 Máire Whelan
, SC
. She is the first woman to hold the post.
rather than a solicitor
, although this is not a requirement for the post. If the barrister chosen by the Government to be its Attorney General (normally on political- and personal-connection grounds rather than any other considerations) is not a Senior Counsel
at the time, the government of the day has made him one first, John Rogers
BL and John M. Kelly
BL being two examples.
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 consists of a number of different offices:
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.
, Attorney-General for Southern Ireland and the Attorney-General of the Irish Free State . 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.”
There had developed over the years a practice (of unknown origin) whereby the Attorney General of the day had his pick of possible appointments to the Irish judiciary upon his vacating the office of Attorney General; since Harry Whelehan
's botched appointment to the presidency of the High Court (Ireland) in 1994, this practice appears to have gone into abeyance.
!No.
!Name
!colspan=2|Term of Office
|-
|1.
|Hugh Kennedy
|31 January 1922
|5 June 1924
|-
|2.
|John O'Byrne
|7 June 1924
|9 January 1926
|-
|3.
|John A. Costello
|9 January 1926
|9 March 1932
|-
|4.
|Conor Maguire
|10 March 1932
|2 November 1936
|-
|5.
|James Geoghegan
|2 November 1936
|22 December 1936
|-
|6.
|Patrick Lynch
|22 December 1936
|31 December 1937
|-
|colspan=4|
!No.
!Name
!colspan=2|Term of Office
|-
|6.
|Patrick Lynch
|1 January 1938
|1 March 1940
|-
|7.
|Kevin Haugh
|2 March 1940
|10 October 1942
|-
|8.
|Kevin Dixon
|10 October 1942
|30 April 1946
|-
|9.
|Cearbhall Ó Dálaigh
|30 April 1946
|18 February 1948
|-
|10.
|Cecil Lavery
|19 February 1948
|21 April 1950
|-
|11.
|Charles Casey
|21 April 1950
|12 June 1951
|-
|
|Cearbhall Ó Dálaigh
|14 June 1951
|11 July 1953
|-
|12.
|Thomas Teevan
|11 July 1953
|30 January 1954
|-
|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
|-
|15.
|Colm Condon
|16 March 1965
|14 March 1973
|-
|17.
|Declan Costello
|15 March 1973
|19 May 1977
|-
|18.
|John Kelly
|20 May 1977
|5 July 1977
|-
|19.
|Anthony J. Hederman
|6 July 1977
|29 June 1981
|-
|20.
|Peter Sutherland
|30 June 1981
|9 March 1982
|-
|21.
|Patrick Connolly
|10 March 1982
|16 August 1982
|-
|22.
|John L. Murray
|17 August 1982
|14 December 1982
|-
|
|Peter Sutherland
|15 December 1982
|12 December 1984
|-
|23.
|John Rogers
|13 December 1984
|10 March 1987
|-
|
|John L. Murray
|11 March 1987
|25 September 1991
|-
|24.
|Harry Whelehan
|26 September 1991
|11 November 1994
|-
|25.
|Eoghan Fitzsimons
|11 November 1994
|15 December 1994
|-
|26.
|Dermot Gleeson
|15 December 1994
|26 June 1997
|-
|27.
|David Byrne
|26 June 1997
|17 July 1999
|-
|28.
|Michael McDowell
|17 July 1999
|6 June 2002
|-
|29.
|Rory Brady
|7 June 2002
|14 June 2007
|-
|30.
|Paul Gallagher
|14 June 2007
|9 March 2011
|-
|31.
|Máire Whelan
|9 March 2011
|Incumbent
|}
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
. 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 Máire Whelan
Máire Whelan
Máire R Whelan SC is an Irish barrister and senior counsel who was appointed to the post of Attorney General on 9 March 2011 by President Mary McAleese on the nomination of the Taoiseach...
, SC
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
. She is the first woman to hold the post.
Overview
The Attorney General has always been a barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
rather than a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, although this is not a requirement for the post. If the barrister chosen by the Government to be its Attorney General (normally on political- and personal-connection grounds rather than any other considerations) is not a Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
at the time, the government of the day has made him one first, John Rogers
John Rogers
-Europeans:*John Rogers , editor and part translator of the Matthew Bible, and the first English Protestant martyr under Queen Mary...
BL and John M. Kelly
John M. Kelly (politician)
John Maurice Kelly was an Irish legal academic and senior Fine Gael politician.-Education:Kelly received his primary and secondary education at St Conleth's College in Dublin 4 and at the Glenstal Abbey boarding school in County Limerick, respectively.He attended University College Dublin between...
BL being two examples.
The Attorney General advises the Government on the constitutionality of bills and treaties, and presents the Government's case if the President
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
refers any bill to the Supreme Court under Article 26 of the Constitution
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
before signing it.
The Attorney General has few prosecution duties; these are limited to functions under the various Fisheries Acts and Extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
Acts. Instead, the Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
has responsibility for all other criminal prosecutions in the State.
The Office of the Attorney General consists of a number of different offices:
- The Advisory Counsel to the Attorney General (providing legal advice)
- The Office of the Parliamentary Counsel (drafting legislation)
- The Chief State Solicitor's Office (providing litigation, conveyancing and other transactional services)
- The Statute Law Revision Unit (simplifying and improving 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
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
, Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, and the Irish Parliament
Parliament of Ireland
The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...
. 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
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
c. 30, an act of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
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 IrelandAttorney-General for Ireland
The Attorney-General for Ireland was an Irish and then United Kingdom government office. The holder was senior to the Solicitor-General for Ireland, and advised the Crown on Irish legal matters...
, Attorney-General for Southern Ireland and the Attorney-General of the Irish Free State . Unlike the modern office, those earlier offices were a creation of statute law
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, 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
King's Inns
The Honorable Society of King's Inns , is the institution which controls the entry of barristers-at-law into the justice system of Ireland...
. 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.”
There had developed over the years a practice (of unknown origin) whereby the Attorney General of the day had his pick of possible appointments to the Irish judiciary upon his vacating the office of Attorney General; since Harry Whelehan
Harry Whelehan
Harry Whelehan is a former Irish Attorney general and for six days was President of the High Court.-X Case controversy:In 1992 as attorney general, Harry Whelehan sought an injunction in the X Case to prevent a 14 year old rape victim having an abortion...
's botched appointment to the presidency of the High Court (Ireland) in 1994, this practice appears to have gone into abeyance.
Attorneys General of the Irish Free State
|-!No.
!Name
!colspan=2|Term of Office
|-
|1.
|Hugh Kennedy
Hugh Kennedy
Hugh Kennedy was the only Attorney-General of Southern Ireland and the first Attorney-General of the Irish Free State, and later the first Chief Justice of the Irish Free State. As a member of the Irish Free State Constitution Commission, he was also one of the constitutional architects of the...
|31 January 1922
|5 June 1924
|-
|2.
|John O'Byrne
John O'Byrne
John O'Byrne was the second Attorney-General of the Irish Free State, serving between 7 June 1924 and 9 January 1926.-Early life:...
|7 June 1924
|9 January 1926
|-
|3.
|John A. Costello
John A. Costello
John Aloysius Costello , a successful barrister, was one of the main legal advisors to the government of the Irish Free State after independence, Attorney General of Ireland from 1926–1932 and Taoiseach from 1948–1951 and 1954–1957....
|9 January 1926
|9 March 1932
|-
|4.
|Conor Maguire
Conor Maguire
Conor Alexander Maguire was an Irish politician, lawyer and judge. He was a founding member of the Legal and Economic Society in UCD in 1911; now known as the University College Dublin Law Society...
|10 March 1932
|2 November 1936
|-
|5.
|James Geoghegan
James Geoghegan
James Geoghegan was an Irish politician, and later a justice of the Supreme Court.He was first elected to Dáil Éireann in a by-election on 13 June 1930 as a Fianna Fáil Teachta Dála for the Longford–Westmeath constituency. He served in Éamon de Valera's first cabinet in 1932–33 as Minister for...
|2 November 1936
|22 December 1936
|-
|6.
|Patrick Lynch
Patrick Lynch (Attorney General)
Patrick Lynch was an Irish politician and barrister.A member of the Irish Parliamentary Party, he took the Parnellite side when that party split....
|22 December 1936
|31 December 1937
|-
|colspan=4|
Attorneys General of Ireland
|-!No.
!Name
!colspan=2|Term of Office
|-
|6.
|Patrick Lynch
Patrick Lynch (Attorney General)
Patrick Lynch was an Irish politician and barrister.A member of the Irish Parliamentary Party, he took the Parnellite side when that party split....
|1 January 1938
|1 March 1940
|-
|7.
|Kevin Haugh
Kevin Haugh
Kevin O'Hanrahan Haugh was an Irish barrister and judge.He was born in Dublin and educated at Blackrock College and University College Dublin; called to the Bar 1925, Senior Counsel 1938. He was a leading junior prosecutor for the State and Attorney General 1940-1942. He was appointed a High...
|2 March 1940
|10 October 1942
|-
|8.
|Kevin Dixon
Kevin Dixon (Attorney General)
Kevin Dixon was an Irish barrister and judge.He was born in Dublin and educated at Belvedere and University College Dublin. He was called to the Bar in 1926 and became a Senior Counsel in 1940...
|10 October 1942
|30 April 1946
|-
|9.
|Cearbhall Ó Dálaigh
Cearbhall Ó Dálaigh
Cearbhall Ó Dálaigh served as the fifth President of Ireland, from 1974 to 1976. He resigned in 1976 after a clash with the government. He also had a notable legal career, including serving as Chief Justice of Ireland.- Early life :Cearbhall Ó Dálaigh, one of four children, was born on 12 February...
|30 April 1946
|18 February 1948
|-
|10.
|Cecil Lavery
Cecil Lavery
Cecil Patrick Lavery was an Irish lawyer, Fine Gael Party politician and judge. He was elected as a TD and then as a Senator, and served as Attorney General before being appointed as a Supreme Court judge.-Early life:...
|19 February 1948
|21 April 1950
|-
|11.
|Charles Casey
Charles Casey
Charles Casey was an Irish lawyer and judge.He was born in Dunlin in 1895 and educated at Castleknock College. During World War I he served in the 16th Division. He was called to the Bar in 1923 and made a Senior Counsel in 1941. John A. Costello chose him as Attorney General in 1950 to replace...
|21 April 1950
|12 June 1951
|-
|
|Cearbhall Ó Dálaigh
Cearbhall Ó Dálaigh
Cearbhall Ó Dálaigh served as the fifth President of Ireland, from 1974 to 1976. He resigned in 1976 after a clash with the government. He also had a notable legal career, including serving as Chief Justice of Ireland.- Early life :Cearbhall Ó Dálaigh, one of four children, was born on 12 February...
|14 June 1951
|11 July 1953
|-
|12.
|Thomas Teevan
Thomas Teevan (Attorney General)
Thomas Teevan was an Irish barrister and judge.He was born in County Cavan, the second son of Dr. Francis Teevan and his wife Anne. The family moved to Dundalk where he went to the Christian Brothers School and then to University College Dublin. He initially qualified as a solicitor in 1925; was...
|11 July 1953
|30 January 1954
|-
|13.
|Aindrias Ó Caoimh
Aindrias Ó Caoimh (Attorney General)
Aindrias Ó Caoimh , also known as Andreas O'Keeffe and Ayindries Ó Cuiv, was Attorney General of Ireland from 30 January 1954 to 21 June 1954, and again from 20 March 1957 to 15 March 1965. For the time between his terms, the position was held by Patrick McGilligan. He was President of the High...
|30 January 1954
|2 June 1954
|-
|14.
|Patrick McGilligan
Patrick McGilligan
Patrick McGilligan was an Irish lawyer and Cumann na nGaedheal/Fine Gael politician.McGilligan was born in Coleraine, County Londonderry, Ireland. He was educated at St...
|2 June 1954
|20 March 1957
|-
|
|Aindrias Ó Caoimh
Aindrias Ó Caoimh (Attorney General)
Aindrias Ó Caoimh , also known as Andreas O'Keeffe and Ayindries Ó Cuiv, was Attorney General of Ireland from 30 January 1954 to 21 June 1954, and again from 20 March 1957 to 15 March 1965. For the time between his terms, the position was held by Patrick McGilligan. He was President of the High...
|20 March 1957
|15 March 1965
|-
|15.
|Colm Condon
Colm Condon
Colm Condon was Attorney General of Ireland from 1965 until 1973. He served in office during the beginning of the Troubles in Northern Ireland in the late 1960s....
|16 March 1965
|14 March 1973
|-
|17.
|Declan Costello
Declan Costello
Declan Costello was an Irish jurist and Fine Gael party politician, who served as a Teachta Dála for twenty years, as Attorney General for four years and as a High Court judge for another twenty years before his retirement....
|15 March 1973
|19 May 1977
|-
|18.
|John Kelly
John M. Kelly (politician)
John Maurice Kelly was an Irish legal academic and senior Fine Gael politician.-Education:Kelly received his primary and secondary education at St Conleth's College in Dublin 4 and at the Glenstal Abbey boarding school in County Limerick, respectively.He attended University College Dublin between...
|20 May 1977
|5 July 1977
|-
|19.
|Anthony J. Hederman
|6 July 1977
|29 June 1981
|-
|20.
|Peter Sutherland
Peter Sutherland
Peter Denis Sutherland, KCMG is an Irish international businessman and former Attorney General of Ireland, associated with the Fine Gael party . He is a barrister by profession, and is also Senior Counsel at the Irish Bar...
|30 June 1981
|9 March 1982
|-
|21.
|Patrick Connolly
Patrick Connolly
Patrick Connolly is a former Attorney General of Ireland who was appointed by Charles Haughey. Connolly resigned after Malcolm McArthur, who had been a house-guest of Connolly's, was later convicted of the murder of a nurse, Bridie Gargan ....
|10 March 1982
|16 August 1982
|-
|22.
|John L. Murray
John L. Murray
John Loyola Murray is an Irish judge and served as the Chief Justice of Ireland from 2004 to 2011.Murray was born in Limerick in 1943 and educated at Crescent College, Limerick, Rockwell College, County Tipperary, University College Dublin, and the Honorable Society of King's Inns. He was...
|17 August 1982
|14 December 1982
|-
|
|Peter Sutherland
Peter Sutherland
Peter Denis Sutherland, KCMG is an Irish international businessman and former Attorney General of Ireland, associated with the Fine Gael party . He is a barrister by profession, and is also Senior Counsel at the Irish Bar...
|15 December 1982
|12 December 1984
|-
|23.
|John Rogers
John Rogers (Irish lawyer)
John Rogers was the Attorney General of Ireland 1984 – 1987. He was educated at Rockwell College and Trinity College, Dublin.The Labour Party demanded the right to choose the Attorney General in the coalition government of 1984....
|13 December 1984
|10 March 1987
|-
|
|John L. Murray
John L. Murray
John Loyola Murray is an Irish judge and served as the Chief Justice of Ireland from 2004 to 2011.Murray was born in Limerick in 1943 and educated at Crescent College, Limerick, Rockwell College, County Tipperary, University College Dublin, and the Honorable Society of King's Inns. He was...
|11 March 1987
|25 September 1991
|-
|24.
|Harry Whelehan
Harry Whelehan
Harry Whelehan is a former Irish Attorney general and for six days was President of the High Court.-X Case controversy:In 1992 as attorney general, Harry Whelehan sought an injunction in the X Case to prevent a 14 year old rape victim having an abortion...
|26 September 1991
|11 November 1994
|-
|25.
|Eoghan Fitzsimons
|11 November 1994
|15 December 1994
|-
|26.
|Dermot Gleeson
Dermot Gleeson
Dermot Gleeson is a barrister, former Irish government advisor and businessman born in Cork, Ireland in 1949. He is married with four children and lives in Dublin....
|15 December 1994
|26 June 1997
|-
|27.
|David Byrne
David Byrne (politician)
David Byrne is an Irish senior counsel, former Attorney General of Ireland and former EU Commissioner. In December 2006 Byrne was appointed as Chancellor of Dublin City University....
|26 June 1997
|17 July 1999
|-
|28.
|Michael McDowell
Michael McDowell
Michael McDowell is a Senior Counsel in the Bar Council of Ireland and a former politician. A grandson of Irish revolutionary Eoin MacNeill, McDowell was a founding member of the Progressive Democrats political party in the mid-1980s...
|17 July 1999
|6 June 2002
|-
|29.
|Rory Brady
Rory Brady
Rory Brady was a barrister. He was Attorney General of Ireland from 2002 to 2007, and also served on the Council of State. Internationally, he sat on the Permanent Court of Arbitration in The Hague. He was later a visiting fellow at Harvard University in the United States...
|7 June 2002
|14 June 2007
|-
|30.
|Paul Gallagher
Paul Gallagher (barrister)
Paul Gallagher was Attorney General of Ireland from his appointment by President Mary McAleese in 2007 until 9 March 2011. He succeeded Rory Brady and was succeeded by Máire Whelan....
|14 June 2007
|9 March 2011
|-
|31.
|Máire Whelan
Máire Whelan
Máire R Whelan SC is an Irish barrister and senior counsel who was appointed to the post of Attorney General on 9 March 2011 by President Mary McAleese on the nomination of the Taoiseach...
|9 March 2011
|Incumbent
|}