The office and functions of the attorney general are outlined in Article 30 of the Constitution of Ireland.
This act provided it with:[2] the business, powers, authorities, duties and functions formerly vested in or exercised by the Attorney-General for Ireland, the Solicitor-General for Ireland, the Attorney-General for Southern Ireland, the Solicitor-General for Southern Ireland, the Law Adviser to the Lord Lieutenant of Ireland and any or all of them respectively, and the administration and control of the business, powers, authorities, duties and functions of the branches and officers of the public services specified in the Ninth Part of the Schedule to this Act and also the administration and business generally of public services in connection with the representation of the Government of Saorstát Eireann and of the public in all legal proceedings for the enforcement of law, the punishment of offenders and the assertion or protection of public rights and all powers, duties and functions connected with the same respectively, together with the duty of advising the Executive Council and the several Ministers in matters of law and of legal opinion.It also transferred the following bodies to the office of the Attorney-General:[3] The Constitution of Ireland, which came into operation on 29 December 1937, established the position of Attorney General of Ireland in Article 30, providing it with a constitutional basis for the first time.
The acceptance by Attorneys General of these non-statutory and often secretive roles upon taking office throughout the years has been questioned and criticised as inappropriate for a constitutional office-holder.
In 1990, the Fair Trade Commission stated that "[w]e have recommended that the Bar Council should be the primary disciplinary body for barristers, and it does not include any members of the judiciary.
The Attorney General is also a member of the Council of King's Inns, and the Commission believes it to preferable that he should not participate in any disciplinary activity pursued by that body either.
[9] Although the Oireachtas as the legislature has formal authority to enact legislation, in practice the government whip rarely allows substantive amendments to bills to be made in the Dáil or Seanad; thus the Parliamentary Counsel's role is crucial.