The Director of Public Prosecutions, Mr James Hamilton, told the High Court yesterday he regretted a policy decision made in early 1999 not to employ State Solicitors beyond the age of 65 had not been publicly promulgated.
Mr Hamilton, who became DPP in September 1999, accepted there had been no consultation or agreement with State solicitors about this change in policy. However, he believed State solicitors, a very small group of people, were aware of the change. He accepted, in retrospect, that it would have been preferable if they had been properly notified, and also accepted there was no internal memo regarding the change.
Mr Hamilton was giving evidence on the second day of a challenge by the State Solicitor for north Kildare and parts of north Wicklow and south Dublin, Mr Charles E. Coonan, to Attorney General Michael McDowell's decision not to continue his appointment as State Solicitor beyond January 31st.
Mr Coonan (65) claims he has a contract of service from 1974, when he became a State solicitor, indicating, subject to the production of a certificate of good health, he is entitled to a year-by-year extension of that contract until he reaches 70.
The hearing continues today.