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Attorney General of Ireland

Attorney General of Ireland
Coat of arms of Ireland.svg
Incumbent
Máire Whelan

since 9 March 2011
Office of the Attorney General
Appointer President on the nomination of the Taoiseach
Inaugural holder Hugh Kennedy
Formation 31 January 1922
Website www.attorneygeneral.ie

The Attorney General (Irish: An tArd-Aighne) is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. They are 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.

The Attorney General has always been a barrister 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.


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