Role of the Attorney General
Senator Gerard Craughwell seeks a debate on whether the Attorney General’s advice should determine legislation, but the Chair says the Seanad cannot address matters concerning the other House.
This week the role of the Attorney General was brought into question with respect to advice given to the Government.
I am somewhat unclear about this. A number of people have contacted me about the statement made by my colleague in the Lower House, the Minister for Transport, Tourism and Sport, that the opinion of the Attorney General was nothing but an opinion. We need a debate in this House in order to establish whether the opinion of the Attorney General should determine the way in which legislation will pass through the Oireachtas or whether we can second-guess that prestigious office. The latter has not happened in the past, I understand, but is now very much on the table. In fairness to the Oireachtas and the people of the country, we need to establish what the Attorney General's advice means when it comes to passing legislation through the House. If the situation that has now developed is that every time the Attorney General gives advice it can be second-guessed, we need to clear up that matter and do so very soon.
Comment on this
The Seanad has no role in matters concerning the Attorney General and we should not discuss matters in the other House. The Senator has made his point. What happens in the Dáil is a matter for that House to rectify or change the rules. We are different and we have certain restrictions, but we must respect what the other House does also.