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Who's who in the Attorney General's chain of command
Martin Frawley



EARLIER this year the top civil servant in the Attorney General's office wrote to the Department of Finance detailing how her staff were working so efficiently that they deserved a pay increase. The recipient of the correspondence, Eddie O'Sullivan, has now been given the task of inquiring into why the AG's office caused the biggest political crisis of recent years.

It is one of the smallest government departments in the country, but what Taoiseach Bertie Ahern said last week was a "human error" by one of the 123 staff in the Attorney General's office almost cost Ahern his job. And, it's not the first time. In late 1994, Albert Reynolds was dragged from office over a file that disappeared from the AG's office.

Situated on the left hand of government buildings in Merrion Street with the Department of Finance to the right, Ahern was doubtless aware of the political banana skins lying around the floor of what is described as the "legal advisor to the government".

The knives were out this time for justice minister, Michael McDowell, and the AG himself, Rory Brady. But on his return from New York, Ahern pointed the finger at the civil servants in the AG's office. The politicians, and Brady, were off the hook. We were told it was a three and half year "communication failure" between the AG and his staff that was at the heart of the crisis.

Ironically, the protocols that were breached this time were put in place in the AG's office after the 1994 crisis to avoid a repeat of that communications breakdown.

The first protocol, Ahern told the Dail last week, is that where an official is dealing with a matter that is "legally significant or novel, politically important, sensitive or financially valuable" then they must seek the direction of their boss, the AG. "Such matters are brought to the attention of the Attorney General by way of written submissions at several stages in the course of litigation so that the Attorney General's directions can be sought, " Ahern said.

In 2002, the AG put in place "a system whereby he is required to be informed at least 10 days in advance of the trial date of any significant case, " Ahern carefully explained.

When the CC case . . . which eventually led to the Supreme Court striking down the laws on statutory rape last month . . .

began in 2002 in the High Court, the procedures were followed, Ahern said. However, crucially they were not followed after that stage and the required submissions were not sent to the AG.

"Therefore, during the period from 5 December, 2002 to 23 May, 2006, and specifically after the Supreme Court decision of July 2005, he was not informed of the processing of the case, his directions were not sought and no submissions were sent to him, " the Taoiseach said.

"This was a serious breach of these procedures. The Attorney General is satisfied that the only problem in this case was the human error which led to him not being informed in accordance with the existing procedures."

But the opposition were still trying to come to grips with how the most senior legal adviser to the government, on a salary of over 200,000 a year, could be unaware for over three years of such a critical constitutional case coming down the tracks. It's a bit like saying nobody informed you it was Christmas.

"I have no interest in jumping all over a person who did not report it, " Ahern said. "It is very clear what happened.

However, let it come out in its own time, " he added, before appointing the senior finance official, Eddie O'Sullivan to make the short walk to the AG's office to find out exactly what happened.

While no names were mentioned to the AG, the next in line is the director-general of the AG's office, Finola Flanagan.

Flanagan is one of the few women to get to the top of a government department and . . .

as the equivalent of a secretary-general . . . would be on a salary of 180,000 a year. Liam O'Daly is her deputy and he earns around 150,000.

There are 27 barristers working under Flanagan and O'Daly who are paid from 80,000 a year up to 120,000 a year. A further 20 administrative staff back up these legal experts.

The Parliamentary Counsel, which drafts legislation and is headed by Deirbhle Murphy, is also within the Attorney General's officer, as is the Chief State Solicitor's office which is headed by David J O'Hagan.

But O'Sullivan's inquiry will concentrate on Flanagan's key section.

Just a few months ago, Flanagan wrote to O'Sullivan detailing how her department was working so efficiently that they all deserved the latest public service pay rise.

Flanagan told O'Sullivan that one of its initiatives was to agree a number of service commitments to its customers, that is, the government and its departments. Published last December, the first commitment states: "The office will support its clients and customers by developing and promoting efficient and effective communication systems, structures and processes. Our aim is to ensure that all the avenues of communication necessary to enable us to the best possible service is in place."




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