Cookies: We use cookies to give you the best possible experience on our site. By continuing to use the site you agree to our use of cookies. Find out more
House of Commons Hansard
x
Legal Advice: Public Disclosure
13 December 2018
Volume 651
The edit just sent has not been saved. The following error was returned:
This content has already been edited and is awaiting review.

2. When his Department’s policy on public disclosure of legal advice given by Law Officers to the Government was implemented. [908198]

The edit just sent has not been saved. The following error was returned:
This content has already been edited and is awaiting review.

As noted in “Erskine May”, it is a long-standing convention observed by successive Governments that neither the fact nor the substance of Law Officers’ advice is disclosed outside the Government without their authority. That authority is very rarely sought or given.

The edit just sent has not been saved. The following error was returned:
This content has already been edited and is awaiting review.

Given that recent decisions of the House might mean a return to Tony Blair-style sofa Government, does my right hon. and learned Friend think the Humble Address procedure needs revisiting?

The edit just sent has not been saved. The following error was returned:
This content has already been edited and is awaiting review.

Of course, the corrosive effect of the disclosure of confidential advice is that in future Attorneys General will not be able, without risking and fearing its publication, to give frank and robust advice to the Cabinet or the Prime Minister when it is needed, with the point and emphasis that might be needed at that particular time. The risk if it is published is that it is taken out of context, parts of it are seized and plucked and dwelt upon, and the particular moment and context of the advice is ignored. I do think we need to look very carefully at the procedures of the House in this regard while paying due respect to the legitimate desire of the House to have all of the information that it requires.

The edit just sent has not been saved. The following error was returned:
This content has already been edited and is awaiting review.

I think we all understand what the Attorney General’s preferences are in this matter. In response to my hon. Friend the Member for Torfaen (Nick Thomas-Symonds), he said that the advice in his letter to the Prime Minister was full and final. It is credible that it is the final legal advice, but it is not credible that it is the full legal advice. Is that seriously what the Attorney General wants us to believe?

The edit just sent has not been saved. The following error was returned:
This content has already been edited and is awaiting review.

The request of the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) was for the final and full advice. As I understand it—I read what he said in Hansardhe requested all the final advice. In other words, he requested that it should not be summarised, and it was not. The House had all the final advice given to the Cabinet.

The edit just sent has not been saved. The following error was returned:
This content has already been edited and is awaiting review.

Will the Attorney General further outline when the legal opinion on changes to the withdrawal agreement sought by the Prime Minister will be released, to clarify any change in his legal advice?

The edit just sent has not been saved. The following error was returned:
This content has already been edited and is awaiting review.

As I have just said, I will of course consider what assistance the House might require. Indeed, I shall listen carefully to the House on any changes that are introduced to the withdrawal agreement and on what the Government should do about publishing legal opinion on it.