Role of The Attorney General

The Saint Lucia Constitution provides that the Attorney General is the principal legal advisor to the Government.

The Attorney General is the Chief appointee of the State to represent the State in legal proceedings and is usually the person named when claims are filed against the Government. The office of the Attorney General may be a public officer or that of a Minister. The powers of the Attorney General are stated in Article 72 of the Saint Lucia Constitution 1978[1] which provides as follows:

“72.   Attorney General

1. There shall be an Attorney General who shall be the principal legal adviser to the Government.
    
2. The office of the Attorney-General shall be either a public office of the office of a Minister.
    
3. At any time when the office of Attorney-General is a public office the same person may, if qualified, be appointed to hold or act in the office of the Attorney-General and the Office of the Director of Public Prosecutions.”

By article 61(2) of the Constitution, at any time when the Office of the Attorney General is a public office the Attorney General shall, by virtue of holding or acting in that office, be a member of the Cabinet in addition to the Ministers.

Similarly by Article 30(3), of the Constitution at any time when the Office of Attorney General is a public office, the Attorney General, shall by virtue of holding or acting in that office, be a member of the House.

The Attorney General therefore, although not a Minister sits in the House of Assembly and the Cabinet.

At present the Office of the Attorney General is a public office.  However the Office of the Director of Public Prosecutions is held by Mr Daarsrean Greene.  Therefore, there is no need for the present Attorney General to act in that position.

Portfolio of the Attorney General

The Attorney General and a team of legal officers and administrative personnel provide advice to the Government and service to the public.  The Attorney General’s portfolio includes the following responsibilities:

• Mutual Assistance in criminal matters
• Giving advice to all Government Ministries and Departments
• International Legal Co-operation
• Law Reform and Revision
• Marriage Licenses (Approval of and Issuing of Licenses)
• Registration of Non-profit Companies
• Overall supervision of the Registry of Companies and Intellectual Property
• Representing the Government in Court
• Preparation of Deeds and Contracts
• Overall supervision of the Legislative Drafting Department

Under the auspices of the Attorney General’s Chambers are the Advice and Litigation Department, the Registry of Companies and Intellectual Property, the Legislative Drafting Department and the Financial Intelligence Authority.