The Attorney General would be required to publicly disclose their legal advice to government on proposed legislation under a Private Members’ Bill that will be introduced in the Dáil on Thursday.
A Labour Party Bill would require the Attorney General, who is the government’s legal adviser, to waive client confidentiality in respect of Bills, such as the occupied territory legislation which is currently undergoing pre-legislative scrutiny.
That confidentiality, known as legal professional privilege, would still apply for advice given in the course of litigation, or for other circumstances.
The Bill, tabled by party leader Ivana Bacik and finance spokesman Ged Nash, proposes other reforms for the Attorney General’s office, including a new duty to the public when the State is involved in litigation with citizens.
RM Block
The party said the motivation for the Bill was the controversy that arose in relation to nursing home charges and concerns that the primary consideration of the State when defending claims was to reduce costs, and in so doing, not taking sufficient account of citizens’ rights.
“In recent years, there has been concern that the public interest role of the Attorney General may on occasion run counter to his or her obligations when acting as legal adviser to the Government in litigation,” it has stated.
“A Minister may have an interest in settling litigation on confidential terms so as to reduce its financial exposure to other potential litigants.
“This may be a legitimate tactic for a lawyer in private practice to advise on but it fails to acknowledge the specific public interest considerations that arise in public law litigation.”
The party has said that a principal purpose of this Bill is to provide a mechanism for both acknowledging and accommodating public interest concerns in State litigation.
