Government aware AG was giving private legal advice when appointed, says Varadkar

Paul Gallagher is advising former directors of Independent News & Media (INM) who are engaged with High Court inspectors

Fine Gael Leader Leo Varadkar, said: "I'm absolutely certain that the Attorney General will be very careful to avoid any conflict of interest or any perception of conflict of interest."

The Government was aware that the Attorney General was giving legal advice in a private capacity when he was appointed.

Social Democrats co-leader Roisin Shortall raised the issue with Tánaiste Leo Varadkar today, saying that it was "extraordinary" that Paul Gallagher was advising former directors of Independent News & Media (INM) who are engaged with High Court inspectors. The inspectors were appointed following a request from the Office of the Director of Corporate Enforcement (ODCE), an agency under Mr Varadkar's Department of Enterprise, Trade and Employment.

Today's Irish Times reports that Mr Gallagher had told the Government prior to his appointment last June that he "had a few existing litigation commitments to complete and received the Government’s permission" to do so.

The AG, the State’s top lawyer, is privately acting for former company directors of one of the biggest media companies in the country — in a case which emanated from an inquiry by the ODCE, the State’s corporate watchdog.

On what planet is this appropriate? asks @RoisinShortall pic.twitter.com/3RD6J3rvuo

— Social Democrats (@SocDems) September 30, 2021

However, Ms Shortall said that there was a major conflict of interest in the State's chief legal officer representing one of its largest media firms.

"What makes this even more bizarre is the High Court inspectors were appointed on foot of an investigation that is underway into the company by the Office of the Director of Corporate Enforcement, the State's white-collar crime watchdog. 

So we have the Attorney General, the State's top lawyer, acting for a number of former company directors of one of the biggest media companies in the country, in the case which emanates from an inquiry by the State's corporate watchdog - you couldn't make it up. 

"It has also been reported that one of Mr Gallagher's clients is a current board member of Mediahuis (the company which bought INM). It really is quite extraordinary."

Mr Shortall asked the Tánaiste: "Do you accept, therefore, that this is grossly inappropriate, that he would be engaged in private work? How would you feel as a barrister, Tánaiste, to learn that your opposing counsel is the AG, whose office can make or break careers? Do you see that there are serious problems with this?"

Mr Varadkar said that he was not in a position to comment on the individual case, but said the Government was aware of the AG's case.

"The Attorney General is finishing cases which were taken prior to his appointment as Attorney General in this government. And that's not unprecedented, I do understand that has happened in the past with former attorneys who have been allowed to finish out cases that they were involved in prior to their appointment. 

What's your view on this issue?

You can tell us here

"And it is something that the party leaders in the Cabinet were aware of, in a general sense, at the time of his appointment, but obviously not the detail of any particular cases.

"I'm absolutely certain that the Attorney General will be very careful to avoid any conflict of interest or any perception of conflict of interest. He is a person who will have the highest integrity, accountability for competence that he will make sure that there's no conflict of interest."

The Tánaiste also said that a three-year rent ban had been "effectively implemented" after Sinn Féin's Pearse Doherty said that the Government has "no plan to halt these runaway rents".

Mr Doherty also hit out at the Government over the leaking of some details of the proposal to enhance the Mica scheme, saying that the Government had to treat families with more respect.