Paul Gallagher
SC (born 20 March 1955
) is an Irish
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
who was
Attorney General of Ireland
The Attorney General of Ireland ( ga, An tArd-Aighne) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does pa ...
from 2007 to 2011 and again between 2020 and 2022. During his first term as Attorney General, there was a period of significant economic difficulty in the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
, causing him to advise on the bank guarantee scheme, the establishment of the
National Asset Management Agency
The National Asset Management Agency (NAMA; ga, Gníomhaireacht Náisiúnta um Bhainistíocht Sócmhainní) is a body created by the government of Ireland in late 2009 in response to the Irish financial crisis and the deflation of the Irish pr ...
and the Troika programme.
He has led a successful career as a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
outside of Government. He has frequently appeared in the Irish courts on matters involving commercial and constitutional law.
Early life and education
Gallagher was born in Tralee in 1955 and grew up in Day Place. He received his primary education at CBS Tralee and secondary education at
Castleknock College
Castleknock College ( ga, Coláiste Caisleán Cnucha) is a voluntary Vincentian secondary school for boys, situated in the residential suburb of Castleknock, west of Dublin city centre, Ireland.
Founded in 1835 by Philip Dowley, it is one o ...
.
Gallagher obtained a
BCL from
UCD in 1975 and completed a BL degree in the
King's Inns
The Honorable Society of King's Inns ( ir, Cumann Onórach Óstaí an Rí) is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environment ...
in 1976. He returned to UCD to receive a
B.A.
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...
in
history
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the History of writing#Inventions of writing, invention of writing systems is considered prehistory. "History" is an umbr ...
and
economics
Economics () is the social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services.
Economics focuses on the behaviour and intera ...
, graduating in 1978. He received an LLM degree from the
University of Cambridge
, mottoeng = Literal: From here, light and sacred draughts.
Non literal: From this place, we gain enlightenment and precious knowledge.
, established =
, other_name = The Chancellor, Masters and Schola ...
in 1979, where he was a member of
Trinity Hall, Cambridge
Trinity Hall (formally The College or Hall of the Holy Trinity in the University of Cambridge) is a constituent college of the University of Cambridge.
It is the fifth-oldest surviving college of the university, having been founded in 1350 by ...
.
Early career
Gallagher returned to Ireland to be
called to the Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
in 1979. He was called on the same day as his predecessor as Attorney General,
Rory Brady
Rory Brady (20 August 1957 – 19 July 2010) was an Irish barrister who served as the Attorney General of Ireland from 2002 to 2007. He served as a Member of the Council of State, and was a mediator on the Permanent Court of Arbitration in The ...
.
He became a
Senior Counsel
The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
in 1991.
He became a
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
of the King's Inns in 2005 and he served as vice-chairman of the Bar Council from 1995 to 1996.
As a barrister, he has maintained a practice with a broad expertise including in public law,
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
, commercial law and competition law.
Prior to becoming Attorney General, he had appeared in many significant cases. He represented the state in ''
Zappone v. Revenue Commissioners
''Zappone & Gilligan v. Revenue Commissioners & Ors'' 006IEHC 404 (also known as the KAL Case) was a High Court case which was one of the first major events in the debate on the recognition of same-sex marriage in Ireland. The plaintiffs Ann Lo ...
'' in its opposition to the attempt by
Katherine Zappone
Katherine Zappone (; born 25 November 1953) is an American-Irish independent politician who served as Minister for Children and Youth Affairs from May 2016 to June 2020. She was a Teachta Dála (TD) for the Dublin South-West constituency from ...
and
Ann Louise Gilligan
Ann Louise Gilligan (27 July 1945 – 15 June 2017) was an Irish theologian who taught at Saint Patrick's College, Drumcondra (part of Dublin City University). A former nun, she was the wife of Katherine Zappone. In '' Zappone and Gilligan v. ...
to have the legal status of their
Canadian marriage recognised for tax purposes.
He represented
Fitzwilton
Fitzwilton is a privately held investment company, today owned by Sir Anthony O'Reilly and his brother in law, Peter Goulandris, through Stoneworth Investment Ltd. It has been involved with many businesses in Ireland.
History
Fitzwilton was ...
in its challenge to the
Mahon tribunal
The Tribunal of Inquiry into Certain Planning Matters and Payments commonly known as the Mahon Tribunal after the name of its last chairman, was a public inquiry in Ireland established by Dáil Éireann in 1997 to investigate allegations of c ...
and a challenge by
Carroll's
P. J. Carroll & Company Limited, often called Carroll's, is an Irish manufacturing company of tobacco. Having been established in 1824, P.J. Carroll is the oldest tobacco manufacturer in the country, and currently a subsidiary of British Ameri ...
of tobacco legislation.
Some of his other clients have included
Larry Goodman
Laurence "Larry" Goodman (born 15 September 1937) is an Irish businessman, chiefly involved in the beef processing industry. He is the 6th generation of a livestock and meat exporting family and founded what is now ABP Food Group in 1954. He is ...
, the owners of the ''
Jeanie Johnston
''Jeanie Johnston'' is a replica of a three masted barque that was originally built in Quebec, Canada, in 1847 by the Scottish-born shipbuilder John Munn. The replica ''Jeanie Johnston'' performs a number of functions: an ocean-going sail train ...
'',
Microsoft
Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washing ...
,
Aer Rianta
DAA (styled "daa"), previously Dublin Airport Authority, is a commercial semi-state airport company in Ireland. The company owns and operates Dublin Airport and Cork Airport. Its other subsidiaries include the travel retail business Aer Rianta ...
,
Eircom
Eircom Limited, trading as Eir ( ; stylised eir), is a large fixed, mobile and broadband telecommunications company in Ireland. The now privatised company, which is currently incorporated in Jersey, traces its origins to the Ireland's former ...
, and
Michael McDowell.
In 1996, he appeared with the then Attorney General
Dermot Gleeson for the state in a case taken by
Des Hanafin
Desmond A. Hanafin (9 September 1930 – 22 June 2017) was an Irish Fianna Fáil politician who served for over 30 years as a member of Seanad Éireann. (1969–93 and 1997–2002). He opposed social liberalisation, particularly the legalisation ...
seeking to have
Fifteenth Amendment of the Constitution of Ireland
The Fifteenth Amendment of the Constitution Act 1995 (previously bill no. 15 of 1995) is an amendment of the Constitution of Ireland which removed the constitutional prohibition on divorce, and allowed for the dissolution of a marriage provided ...
, permitting divorce, declared to be unconstitutional. Following a
reference
Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a ''name'' ...
made by President
Mary McAleese
Mary Patricia McAleese ( ; ga, Máire Pádraigín Mhic Ghiolla Íosa; ; born 27 June 1951) is an Irish activist lawyer and former politician who served as the eighth president of Ireland from November 1997 to November 2011. She is an academic ...
under Article 26 of the
Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
in 2000, Gallagher was appointed by the
Supreme Court of Ireland
, image = Coat of arms of Ireland.svg
, imagesize = 120px
, alt =
, caption = Coat of Arms of Ireland
, image2 = Four Courts, Dublin 2014-09-13.jpg
, imagesize2 =
, alt2 ...
to argue against the constitutionality of the Planning and Development Bill 1999. He appeared for the Attorney General (with Gleeson and
Gerard Hogan
Gerard William Augustine Hogan, (born 13 August 1958) is an Irish judge, lawyer and academic who has served as a Judge of the Supreme Court of Ireland since October 2021. He previously served as Advocate General of the European Court of Justice ...
) in another reference made by President McAleese regarding the Health (Amendment) (No. 2) Bill 2004.
In the area of defamation law, he appeared for Irish newspapers who were being sued for defamation by Ian Bailey, arising out of
death of Sophie Toscan du Plantier
Sophie Toscan du Plantier, a 39-year-old French woman, was killed outside her holiday home near Toormore, Goleen, County Cork, Ireland, on the night of 23 December 1996.
British journalist Ian Bailey, who lived near Toscan du Plantier's home i ...
.
He also successfully acted for
Bertie Ahern
Bartholomew Patrick "Bertie" Ahern (born 12 September 1951) is an Irish former Fianna Fáil politician who served as Taoiseach from 1997 to 2008, Leader of Fianna Fáil from 1994 to 2008, Leader of the Opposition from 1994 to 1997, Tánaiste a ...
in an action taken against businessman Denis "Starry" O'Brien.
He represented
Fyffes
Fyffes plc () is an Irish fruit and fresh produce company headquartered in Dublin, Ireland. The Fyffes brand is most closely associated with the banana industry, although it is applied to a wide range of fruits and fresh produce, including the ...
against
DCC plc
DCC plc is an Irish international sales, marketing and support services group. DCC is organised and managed in four separate divisions (DCC LPG, DCC Retail & Oil, DCC Technology and DCC Healthcare), each focused on specific market sectors. Its s ...
in an unsuccessful action
High Court on an allegation of
insider trading
Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider information ...
which lasted for 87 days.
He appeared again for Fyffes in an appeal to the
Supreme Court of Ireland
, image = Coat of arms of Ireland.svg
, imagesize = 120px
, alt =
, caption = Coat of Arms of Ireland
, image2 = Four Courts, Dublin 2014-09-13.jpg
, imagesize2 =
, alt2 ...
in 2007, after his appointment as Attorney General. He continued to act for the company as he said he was under a "professional obligation". The court overturned the decision of the High Court, finding that the chairman of DCC plc had held inside information.
Attorney General (2007–2011)
He was nominated to the post of Attorney General by
Taoiseach
The Taoiseach is the head of government, or prime minister, of Republic of Ireland, Ireland. The office is appointed by the president of Ireland upon the nomination of Dáil Éireann (the lower house of the Oireachtas, Ireland's national legisl ...
Bertie Ahern
Bartholomew Patrick "Bertie" Ahern (born 12 September 1951) is an Irish former Fianna Fáil politician who served as Taoiseach from 1997 to 2008, Leader of Fianna Fáil from 1994 to 2008, Leader of the Opposition from 1994 to 1997, Tánaiste a ...
on 14 June 2007 and renominated by
Brian Cowen
Brian Bernard Cowen (born 10 January 1960) is an Irish former politician who served as Taoiseach and Leader of Fianna Fáil from 2008 to 2011.
Cowen was elected to Dáil Éireann in 1984, for the constituency of Laois–Offaly and served in a ...
on 6 May 2008.
His appointment was unusual at the time as he had not been politically involved with either of the coalition parties
Fianna Fáil
Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christian- ...
or the
Green Party
A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence.
Greens believe that these issues are inherently related to one another as a foundation ...
.
His role involved providing legal advice to the
Government of the 30th Dáil and supervising all legislation promoted by the government.
In his capacity, he attended meetings of the cabinet.
He was said to be in the office from 7am until 7pm, taking a 15-minute lunch-break. He was noted as being an "impressive public speaker".
He supervised the drafting of the
Defamation Act 2009. The criminal of offence of blasphemy was required by the
Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
which he "designed to be impossible to prosecute". In 2009 he advised the government that it could not impose a pension levy on the Irish judiciary.
His time as Attorney General overlapped with the
Post-2008 Irish banking crisis
The post-2008 Irish banking crisis was the situation whereby, due to the Great Recession, a number of Irish financial institutions faced almost imminent collapse due to insolvency. In response, the Irish government instigated a €64 billion ban ...
and the
Post-2008 Irish economic downturn
The post-2008 Irish economic downturn in the Republic of Ireland, coincided with a series of banking scandals, followed the 1990s and 2000s Celtic Tiger period of rapid real economic growth fuelled by foreign direct investment, a subsequent pr ...
.
In the midst of significant market turmoil, Gallagher was among those present on the morning of 30 September 2008 advising the Irish government on its decision to guarantee the liabilities of Ireland's largest banks. He was the only member of the government to be present, aside from the Taoiseach and
Minister for Finance
A finance minister is an executive or cabinet position in charge of one or more of government finances, economic policy and financial regulation.
A finance minister's portfolio has a large variety of names around the world, such as "treasury", ...
Brian Lenihan.
He also provided legal advice on the establishment of the
National Asset Management Agency
The National Asset Management Agency (NAMA; ga, Gníomhaireacht Náisiúnta um Bhainistíocht Sócmhainní) is a body created by the government of Ireland in late 2009 in response to the Irish financial crisis and the deflation of the Irish pr ...
.
He advised the government on legal matters arising out of it seeking emergency funding from the
ECB, the
Eurogroup
The Eurogroup is the recognised collective term for the informal meetings of the finance ministers of the eurozone—those member states of the European Union (EU) which have adopted the euro as their official currency. The group has 19 member ...
and the
IMF leading to the
Economic Adjustment Programme for Ireland
The Economic Adjustment Programme for Ireland, usually referred to as the Bailout programme, is a Memorandum of understanding on financial assistance to the Republic of Ireland in order to cope with the Post-2008 Irish financial crisis.
It was ...
.
He told an Oireachtas inquiry into the banking crisis in 2015 that he advised the government that it could legally default on €14 billion of bonds, but the government at the time said it was not acceptable to the international partners.
Gallagher attended three successive meetings of the
Bilderberg Group
The Bilderberg meeting (also known as the Bilderberg Group) is an annual off-the-record conference established in 1954 to foster dialogue between Europe and North America. The group's agenda, originally to prevent another world war, is now defin ...
between 2010 and 2012.
Upon the formation of a
new government in March 2011, Gallagher was succeeded by
Máire Whelan
Máire Rita Whelan (born 24 November 1956) is an Irish judge who has served on the Court of Appeal since June 2017. She previously served as Attorney General of Ireland from 2011 to 2017. She was the first woman to hold the office of Attorney Ge ...
. He received severance pay of €81,886.16.
Between governments
Gallagher resumed his practice as a barrister in 2011. He repeatedly appeared in cases taken by
Irish Bank Resolution Corporation
The Irish Bank Resolution Corporation (IBRC) was the name given to the entity formed in 2011 by the court-mandated merger of the state-owned banking institutions Anglo Irish Bank and Irish Nationwide Building Society.
Following a High Court ord ...
, the state-owned entity established to succeed
Anglo Irish Bank
Anglo Irish Bank was an Republic of Ireland, Irish bank headquartered in Dublin from 1964 to 2011. It began to wind down after nationalisation in 2009. In July 2011 Anglo Irish merged with the Irish Nationwide Building Society, forming a new co ...
, upon concluding his first term as Attorney General. He represented the
Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of:
*The President of Ireland
*The bicameralism, two houses of the Oireachtas ...
in proceedings taken by
Angela Kerins in the High Court and subsequent appeals from as far as the Supreme Court. He acted for the State in an appeal taken by Graham Dwyer to the Supreme Court, the man convicted of the
murder of Elaine O'Hara
Elaine O'Hara (17 March 1976 – ) was an Irish childcare worker who was murdered in August 2012 by architect Graham Dwyer. She was last seen alive at a public park in Shanganagh, Dublin, Ireland, on 22 August. The remains of her body were dis ...
, regarding the applicability of the
Data Retention Directive
The Data Retention Directive (Directive 2006/24/EC), a directive, later declared invalid by the European Court of Justice, was at first passed on 15 March 2006 and regulated data retention, where data has been generated or processed in connect ...
.
He has appeared in the
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
in significant cases with an Irish dimension. He appeared for
Facebook
Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin M ...
in a data protection case in 2019 and Ireland in an action taken by the
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
in the
EU illegal State aid case against Apple in Ireland
On 29 August 2016, after a two-year investigation, Margrethe Vestager of the European Commission announced: "Ireland granted illegal tax benefits to Apple". The Commission ordered Apple to pay €13 billion, plus interest, in unpaid I ...
.
He is an
adjunct professor
An adjunct professor is a type of academic appointment in higher education who does not work at the establishment full-time. The terms of this appointment and
the job security of the tenure vary in different parts of the world, however the genera ...
at UCD and a member of its School of Law's development council.
He is also a fellow of the
International Society of Barristers The International Society of Barristers is an honor society for the best trial lawyers.
Overview
It was created in 1965. Famed trial lawyer Craig Spangenberg was one of the founding members, and its first president. Its members are mostly from ...
and the International Academy of Trial Lawyers.
Attorney General (2020–2022)
In the agreement following the
2020 general election between
Fianna Fáil
Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christian- ...
, Fine Gael and the
Green Party
A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence.
Greens believe that these issues are inherently related to one another as a foundation ...
for a
new government, the position of role of Attorney General was to be nominated by the Taoiseach for each period of the government, so that it would be rotated over the term of the Dáil.
Micheál Martin
Micheál Martin (; born 1 August 1960) is an Irish Fianna Fáil politician who is serving as Tánaiste, Minister for Foreign Affairs (Ireland), Minister for Foreign Affairs and Minister for Defence (Ireland), Minister for Defence since Decembe ...
nominated Gallagher to the position, taking office on 27 June 2020.
Gallagher announced in November 2022 that he would step down as attorney general in December 2022. He was Attorney General until 17 December 2022.
Personal life
Gallagher is married to another barrister, Bláthna Ruane with whom he lives in
Ballsbridge
Ballsbridge () (from historic Ball's Bridge) is an affluent neighbourhood of the city of Dublin, the capital of Ireland. The area is largely north and west of a three-arch stone bridge across the River Dodder, on the south side of the city. Th ...
.
They have three sons, all of whom also studied law.
References
{{DEFAULTSORT:Gallagher, Paul
1955 births
Living people
20th-century Irish lawyers
Attorneys General of Ireland
Alumni of University College Dublin
Alumni of the University of Cambridge
People educated at Castleknock College
Alumni of King's Inns
Alumni of Trinity Hall, Cambridge
Irish Senior Counsel