Attorney-General's Office Amendment Bill HB.14, 2019

This Bill amends the Attorney-General's Office Act to do two substantial things, alongside tidying the Act up against the 2013 Constitution.

First, it creates one or more Deputy Attorneys-General. These are public offices but sit outside the Civil Service. A Deputy is appointed by the President after consultation with the Judicial Service Commission, must be qualified for appointment as a High Court judge, and acts as Attorney-General when that office is vacant or the Attorney-General cannot act — though an acting Deputy may not attend Cabinet or sit and speak in Parliament. Salaries and allowances are charged on the Consolidated Revenue Fund and may not be reduced during a term of office, and the pension provisions of the Judges Salaries, Allowances and Pensions Act apply.

Second, a new section 22A makes the Attorney-General's opinion or advice on a question of law binding and definitive on all executive arms and branches of the State, unless a court determines otherwise or the Attorney-General withdraws, amends or replaces it. No law officer's advice binds unless it conforms to the Attorney-General's view on the same question. This does not reach an autonomous statutory body that retains a private legal practitioner.

A new section 11A stops any Ministry or government department from engaging someone on an employment contract to provide legal services relating to the Attorney-General's functions without the Attorney-General's approval. The Bill also inserts a definition of "law officer", and provides that on commencement every law officer is deemed seconded to the Ministry where they already worked until the Attorney-General reassigns them.

The Bill also makes the Attorney-General chairperson of the Attorney-General's Office Board and removes the Director of Public Prosecutions from the Office's composition.