Attorney General’s constitutional advice
Deputy Howlin asked whether Article 30 makes the Attorney General the Government’s authoritative legal adviser and what happens when Ministers reject that advice. The Taoiseach affirmed both the Attorney General’s role and his acceptance of the advice.
Article 30 of the Constitution states that the Attorney General "shall be the adviser of the Government in matters of law and legal opinion". He or she "shall be the adviser". The members of the Government now believe it is simply an advice, to be taken, rejected or weighed against others. What is the view of the Taoiseach? Does he accept that under Article 30 there is one authoritative legal adviser to the Government and that members of his Government will be bound by that constitutional precept?
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The answer to that question is "Yes, I do." I believe the Attorney General is the legal adviser to the Government under Article 30 of Bunreacht na hÉireann and I accept the advice of the Attorney General. The Supreme Court eventually determines constitutionality-----
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What is the Taoiseach going to do about Ministers who reject it?
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Deputy Howlin asked me a question: do I accept that the Attorney General is the legal adviser to the Government? The answer to that question is "Yes." Second, do I accept the advice given by the Attorney General? The answer to that question is "Yes, absolutely, 100%."
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What about the Ministers who are rejecting this?
