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Can the Attorney General be a member of the Dail?

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  • 03-07-2020 2:16pm
    #1
    leoXX
    Closed Accounts Posts: 42 ✭


    This has come up recently with Jim O'Callahan, and it came up back in 2011 too with Alan Shatter. So if a member of the Dail was appointed AG, would they have to resign their Dail seat.


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    #2
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    leoXX wrote: »
    This has come up recently with Jim O'Callahan, and it came up back in 2011 too with Alan Shatter. So if a member of the Dail was appointed AG, would they have to resign their Dail seat.
    Article 30 says no to being in government so that's the answer as a government would not appoint from other parties.

    http://www.irishstatutebook.ie/eli/cons/en/html#part8


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    #3
    Chips Lovell
    Moderators, Politics Moderators, Sports Moderators Posts: 24,267 Mod ✭✭✭✭Chips Lovell


    No. A TD can be the Attorney General. The last one to do so was John Kelly.


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    #4
    Chips Lovell
    Moderators, Politics Moderators, Sports Moderators Posts: 24,267 Mod ✭✭✭✭Chips Lovell


    is_that_so wrote: »
    Article 30 says no to being in government so that's the answer as a government would not appoint from other parties.

    http://www.irishstatutebook.ie/eli/cons/en/html#part8

    There's a prohibition on being a member of the government, not a member of one of the governing parties. So you could be a member of Fianna Fail. But you couldn't be the Minister for Justice and the AG at the same time.


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