Prosecution of Offences Act, 1974

Retaining of barristers on behalf of State.

7.—(1) The Attorney General shall ensure that barristers retained by him in his official capacity to act or advise on his behalf or on behalf of any other person are chosen, from amongst those barristers who have indicated their willingness to so act or advise, in such manner as to effect a distribution of such retainers amongst them that, in the opinion of the Attorney General, is fair and equitable, taking one year with another, having regard to their suitability in relation to any particular retainer, to the public interest and to the distribution of retainers under subsection (2) of this section.

(2) The Director shall ensure that barristers retained by him in his official capacity to act or advise on his behalf or on behalf of any other person are chosen, from amongst those barristers who have indicated their willingness to so act or advise, in such manner as to effect a distribution of such retainers amongst them that, in the opinion of the Director, is fair and equitable, taking one year with another, having regard to their suitability in relation to any particular retainer, to the public interest and to the distribution of retainers under subsection (1) of this section.

(3) (a) Whenever the Attorney General and the Director so request or the General Council of the Bar of Ireland so requests, the Attorney General, the Director and representatives of that Council shall consult together in relation to the administration and implementation of this section.

(b) Whenever the Attorney General or the said Council so requests, the Attorney General and representatives of that Council shall consult together in relation to the administration and implementation of subsection (1) of this section.

(c) Whenever the Director or the said Council so requests, the Director and the Council shall consult together in relation to the administration and implementation of subsection (2) of this section.

(4) The Taoiseach may, after consultation with the Attorney General and the Director, provide by regulations—

(a) for the investigation of allegations by barristers of non-compliance with the provisions of this section, and

(b) for such incidental, supplementary and consequential matters as appear to the Taoiseach to be necessary or expedient for the purposes of the regulations.