Advising government
In the early hours of the morning on 12 April, the Attorney General for England and Wales ceased to hold that authority over Northern Ireland. On 24 May John Larkin QC became the first Attorney General for Northern Ireland since Basil Kelly held the position in 1972. In the intervening years the British Attorney General has effectively held two posts; for England and Wales and for Northern Ireland.
Unlike our closest neighbours across the Irish Sea, the post is set aside for an individual who is not a member of the government. In Scotland, for example, the equivalent Lord Advocate is indeed a member of the Scottish Government and Dominic Grieve has recently taken up his post in the Liberal-Conservative alliance.
Larkin’s role is more similar to that which Paul Gallagher holds in the Republic. Although he is not a member of Brian Cowen’s cabinet, he does attend meetings in an advisory role.
Interestingly the new Attorney General will not take up the entire brief held by his Westminster-based predecessor. The Director of Public Prosecutions will take the lead in all matters relating to initiating, conducting or ending prosecutions. Larkin, though, will have a strictly consultative role to play.
The UK Attorney General, now referred to in local legal parlance as the Advocate General, will still advise the national government on Northern Ireland law and will also have a minimal role in relation to prosecutions on reserved matters.
Directly accountable to the Assembly, the new role will have speaking rights in the chamber in order to be able to take questions from members. He may also be allowed to speak in debates should the Assembly make standing orders to do so, but it can never confer voting rights.
The Attorney General could, though, decline to answer questions if he deems the answer to prejudice criminal proceedings.
The position’s origins can be found, in recent years at least, in the Criminal Justice Review. Published by the NIO in March 2000, it said: “We recommend that consideration be given to establishing a locally sponsored post of Attorney General, who … would have oversight of the prosecution service.” It added that the figure should be apolitical and would be appointed for a fixed term. The position, it continued, should be seen as “equivalent to that of a High Court judge” in status.
The west Belfast lawyer has been appointed for a four-year term and can only be removed from the post by the First Ministers, having been advised to do so by a tribunal made up of judges from England, Wales or Scotland, and appointed by the Lord Chancellor.
He is also a legislative watchdog; an Assembly Bill can be referred to the UK Supreme Court by the Attorney General if he believes it to be outside the Assembly’s remit or contravenes human rights laws.
It had been anticipated that Larkin would take up the role soon after the justice responsibilities transferred. agendaNi understands that Northern Ireland was therefore technically without a legal advisor between 12 April and 24 May.
