Constitution Review Commission has recommended a major separation of the roles of the Attorney-General and Solicitor-General, proposing that independent legal advice to Government be vested in the Solicitor-General.
Under the proposal, the Attorney-General would remain a minister but would be primarily responsible for legal policy and legislative direction, rather than serving as the Government’s chief legal adviser.
The Commission said the role of the Attorney-General featured prominently in public submissions and it considered the office’s status as both a minister and “chief legal adviser” under previous constitutional arrangements.
“To support and clarify legal advice to State organs, the Commission recommends vesting the role of providing ‘independent legal advice’ to Government and to public office holders in the Solicitor-General,” the report states.
The proposal would therefore create a clearer distinction between the political and policy responsibilities of the Attorney-General and the provision of independent legal advice by the Solicitor-General.
The Commission said it considered international governance models, including the United Kingdom, as well as Fiji’s recent experience with appointments to the two offices.
The proposed move to a bicameral Parliament also prompted the Commission to consider how the Attorney-General would operate within the proposed House of Representatives and Senate.
Elsewhere in its recommendations, the Commission proposes that the Attorney-General could be appointed from either House, while the Solicitor-General would remain a judicial office appointed through the Judicial Services Commission.
The recommendations remain proposals and would require constitutional changes before taking effect.
