United Kingdom Advocate General for Northern Ireland | |
---|---|
Attorney General's Office | |
Style | The Right Honourable |
Reports to | The Prime Minister and the Secretary of State for Justice |
Appointer | The King (on the advice of the Prime Minister) |
Term length | At His Majesty's pleasure |
Formation | April 2010 |
First holder | Patricia Scotland |
Deputy | Attorney General |
Website | www.gov.uk |
The advocate general for Northern Ireland is the chief legal adviser to the Government of the United Kingdom on Northern Ireland law and the post is held by the attorney general for England and Wales by virtue of that office. The advocate general and the solicitor general for England and Wales have, in Northern Ireland, the same rights of audience as members of the Bar of Northern Ireland. [1]
The advocate general was created as a separate office by the Justice (Northern Ireland) Act 2002 [2] upon the devolution of policing and justice powers to the Northern Ireland Assembly on 12 April 2010. [3]
Unlike the advocate general for Scotland, the position is not supported by a distinct government department. Instead, that support is provided by the civil law and Northern Ireland section within the Attorney General's Office at Westminster. [4]
The chief legal adviser to the Northern Ireland Executive is the attorney general for Northern Ireland. [5]
Colour key (for political parties):
Conservative Labour
Advocate General | Term of office | Political party | Prime Minister | ||||
---|---|---|---|---|---|---|---|
Patricia Scotland Baroness Scotland of Asthal | 12 April 2010 | 11 May 2010 | Labour | Brown | |||
Dominic Grieve MP for Beaconsfield | 12 May 2010 | 15 July 2014 | Conservative | Cameron (coalition) | |||
Jeremy Wright MP for Kenilworth and Southam | 15 July 2014 | 9 July 2018 | Cameron | ||||
May | |||||||
Geoffrey Cox MP for Torridge and West Devon | 9 July 2018 | 13 February 2020 | |||||
Johnson | |||||||
Suella Braverman MP for Fareham | 13 February 2020 | 2 March 2021 | |||||
Michael Ellis MP for Northampton North (acting) | 2 March 2021 | 10 September 2021 | |||||
Suella Braverman MP for Fareham | 10 September 2021 | 6 September 2022 | |||||
Michael Ellis MP for Northampton North | 6 September 2022 | 25 October 2022 | Truss | ||||
Victoria Prentis MP for Banbury | 25 October 2022 | Incumbent | Sunak |
In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
A solicitor general or solicitor-general, in common law countries, is usually a legal officer who is the chief representative of a regional or national government in courtroom proceedings. In systems that have an attorney-general, the solicitor general is often the second-ranked law officer of the state and a deputy of the attorney-general. The extent to which a solicitor general actually provides legal advice to or represents the government in court varies from jurisdiction to jurisdiction, and sometimes between individual office holders in the same jurisdiction.
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
Politics of England forms the major part of the wider politics of the United Kingdom, with England being more populous than all the other countries of the United Kingdom put together. As England is also by far the largest in terms of area and GDP, its relationship to the UK is somewhat different from that of Scotland, Wales or Northern Ireland. The English capital London is also the capital of the UK, and English is the dominant language of the UK. Dicey and Morris (p26) list the separate states in the British Islands. "England, Scotland, Northern Ireland, the Isle of Man, Jersey, Guernsey, Alderney, and Sark.... is a separate country in the sense of the conflict of laws, though not one of them is a State known to public international law." But this may be varied by statute.
The Law Officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography - though other terms are also in use, such as the Counsel General for Wales. Law Officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between Law Officers and the State Attorneys General of the United States or US Attorney General.
His Majesty's Advocate, known as the Lord Advocate, is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolved powers of the Scottish Parliament. The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and advising on the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which is given to the Scottish Government.
His Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and His Majesty's Government on Scots law. The Office of the Advocate General for Scotland is a ministerial department of His Majesty's Government. The position is currently held by Lord Stewart of Dirleton.
The Northern Ireland Office is a department of His Majesty's Government responsible for Northern Ireland affairs. The NIO is led by the Secretary of State for Northern Ireland and is based at Erskine House in Belfast City Centre and 1 Horse Guards Road in London.
The Office of the Secretary of State for Wales, informally known as the Wales Office, is a department of His Majesty's Government. It replaced the former Welsh Office, which had extensive responsibility for governing Wales prior to Welsh devolution in 1999.
An advocate general of a state is a senior officer of the law. In some common law and hybrid jurisdictions the officer performs the function of a legal advisor to the government, analogous to attorneys general in other common law and hybrid jurisdictions. By contrast, in the European Union and some continental European jurisdictions, the officer is a neutral legal advisor to the courts.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national legislatures of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate.
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.
The fire services in the United Kingdom operate under separate legislative and administrative arrangements in England and Wales, Northern Ireland, and Scotland.
The Ministry of Justice (MoJ) is a ministerial department of His Majesty's Government, headed by the Secretary of State for Justice and Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and to uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system, prisons, and probation in England and Wales, with some additional UK-wide responsibilities, e.g., the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law, and information rights law across the UK.
The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly. The Attorney General for Northern Ireland is also responsible for appointing the director and deputy director of the Public Prosecution Service for Northern Ireland.
In the United Kingdom, devolution is the Parliament of the United Kingdom's statutory granting of a greater level of self-government to the Scottish Parliament, the Senedd, the Northern Ireland Assembly and the London Assembly and to their associated executive bodies: the Scottish Government, the Welsh Government, the Northern Ireland Executive and in England, the Greater London Authority and combined authorities.
R (Miller) v Secretary of State for Exiting the European Union is a United Kingdom constitutional law case decided by the United Kingdom Supreme Court on 24 January 2017, which ruled that the British Government might not initiate withdrawal from the European Union by formal notification to the Council of the European Union as prescribed by Article 50 of the Treaty on European Union without an Act of Parliament giving the government Parliament's permission to do so. Two days later, the government responded by bringing to Parliament the European Union Act 2017 for first reading in the House of Commons on 26 January 2017. The case is informally referred to as "the Miller case" or "Miller I".
The Law Officers Act 1997 is an Act of Parliament which allowed the Attorney General for England and Wales and for Northern Ireland to delegate powers to the Solicitor General for England and Wales. Previously, the Solicitor General was separately and explicitly granted some of the same powers of the Attorney General. This Act effectively made the Solicitor General an agent of the Attorney General.
Welsh devolution is the transfer of legislative power for self-governance to Wales by the Government of the United Kingdom.
(incorporating Advocate General for Northern Ireland)