What the Attorney General does
When Government wants to turn a policy into a Bill, the Attorney General’s office advises on legal questions and Parliamentary Counsel drafts the text.
A policy idea appears
A Department checks the legal framework and asks whether a proposal can be delivered lawfully.
A Bill is prepared
Government legislation is drafted through the Office of the Parliamentary Counsel, which is part of the Attorney General's office.
The Oireachtas debates it
Ministers may rely on legal advice when responding to amendments, but members decide how to vote.
A constitutional question reaches court
The Attorney General represents the State in relevant proceedings; independent judges decide the case.
- Advises the Government and Ministers on the law, including whether a proposal is constitutional.
- Represents the State and the public interest in court, such as when a law is challenged.
- Oversees the drafting of Government Bills through the Office of the Parliamentary Counsel.
- Advises on the State’s legal obligations, including EU and international law.
The Attorney General’s advice to the Government is confidential, so the public rarely sees it. The Office of the Attorney General helps Departments draft laws so that they fit within the Constitution.Sources of Irish law.
How is the Attorney General chosen?
The Taoiseach nominates the Attorney General, and the President appoints them. The Attorney General is normally a senior barrister and does not need to be a TD or Senator. Under Article 30, they retire from office when the Taoiseach who nominated them ceases to hold office, so each new Taoiseach chooses their own.
Rossa Fanning SC was first appointed in December 2022 and reappointed when the current Government took office in January 2025.
Attorney General vs DPP vs Minister for Justice
| Office | Role |
|---|---|
| Attorney General | Legal adviser to the Government and its representative in court. |
| Director of Public Prosecutions | Decides independently whether to prosecute serious crimes. Not directed by the Government. |
| Minister for Justice | Cabinet Minister who leads the Department of Justice, Home Affairs and Migration and answers to the Dáil. |
Keeping prosecutions with an independent Director, and away from the Government’s own lawyer, helps protect the separation of powers.Separation of powers in Ireland.
See the Cabinet list for who runs each department.Irish Government ministers and departments.
How AG advice shapes a Bill
Most of the Attorney General’s work is invisible to the public, because legal advice to the Government is confidential. But it runs through almost every stage of law-making.
Before Cabinet
Departments consult the Office of the Attorney General on whether a policy can be done lawfully and constitutionally.
Drafting
The Office of the Parliamentary Counsel, part of the Attorney General’s office, drafts Government Bills.
In the Oireachtas
When Ministers accept or reject amendments, they often rely on advice about legal risk.
In court
The Attorney General represents the State in constitutional cases, including when the President refers a Bill to the Supreme Court.
What the Attorney General is not
Common assumption: The Attorney General prosecutes crimes.
In fact: Criminal prosecutions are taken by the independent Director of Public Prosecutions, not the Attorney General.
Common assumption: The Attorney General is a member of the Government.
In fact: The Attorney General attends Cabinet meetings to advise but is not a member of the Government and does not vote.
Common assumption: The Government publishes the Attorney General’s advice.
In fact: Legal advice to the Government is confidential and is almost never published, though Ministers sometimes describe it in the Dáil.