Taoiseach has ‘full confidence’ in AG after controversy

Taoiseach Micheál Martin has defended Attorney General Paul Gallagher, saying he has full confidence in him following controversy over the fact that Mr Gallagher carried out some private legal work after he took up office.

The Government said that Mr Gallagher’s private work ceased on Saturday, September 25th, “when he had discharged all his private professional obligations”.

That was the date of a hearing before High Court inspectors who are examining the affairs of Independent News and Media. Mr Gallagher was representing former non-executive directors of INM at the inquiry.

Mr Gallagher, a senior counsel, had the Government’s permission to carry out some private legal work – including the role in the High Court inquiry – after assuming the role of senior legal adviser to the Government.

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He is serving as Attorney General for his second time, having started when the coalition Government was being formed in June, 2020. He previously served between 2007 and 2011.

“I do of course have full confidence in the Attorney General. I asked the Attorney General to serve because of his ability, because of his work ethic, and because of his integrity,” he said.

One of the three cases Mr Gallagher had outstanding before taking up his AG role related to the recapitalisation of Irish Permanent which dated back to 2011. He was involved in one hearing in the case in November 2020.

Mr Gallagher was also involved in a second, commercial case, which concluded in February 2021. The third and final case was for private clients relating to a High Court inquiry into Independent News and Media.

That "took up two Saturdays and that finished last Saturday week", said Mr Martin, adding that the AG had expected all three cases to conclude much more quickly than they did, but the pandemic had led to delays.

‘Conflict of interest’

Both Sinn Féin and the Social Democrats have criticised Coalition leaders for allowing Mr Gallagher to continue involvement with the High Court inspection sought by the Director of Corporate Enforcement.

But Mr Martin rejected any allegation that there was any conflict of interest between Mr Gallagher’s seeing out his private work and his work as Attorney General advising the Government on legal matters.

“There couldn’t have been any conflict of interest and there wasn’t any in any of those three cases,” said Mr Martin, adding that the director general of the office of the AG gives advice in any case where AGs have had past involvement.

“The convention is in the context of any Attorney General, who may have been involved in a case prior to becoming the Attorney General, the Attorney General alerts the Cabinet and doesn’t actually give advice on a matter that might involve a party to a case he was involved with previous.”

Mr Martin said: “He is a man of exceptional ability, I would have experience of previously working with him in Government during very difficult times, his work ethic is second to none, his strong public interest approach in terms of how he conducts his work and he is a man of the highest integrity.”

He had approached Mr Gallagher to take up the AG’s post a second time in 2020 because he thought he had an important contribution to make, which has been shown by the volume of legislation passed since.

“I felt he would add value to our work and, to be frank, that can be seen in his application to some significant legislative pieces which have come through in a short space of time,” he said.