Rule of Law within Government 2023-12-07

2023-12-07

TAGS
Response quality

Questions & Answers

Q1 Partial Answer
Andrew Slaughter Lab
Hammersmith and Chiswick
Context
The question arises from a broader discussion about the upholding of legal principles by governmental officials.
What recent steps has she taken with Cabinet colleagues to uphold the rule of law within Government?
As I emphasised to the House of Lords Constitution Committee in June, the rule of law is fundamental to our constitution, and it is the duty of the Law Officers to uphold it.
Assessment & feedback
Did not provide specific steps or meetings taken with Cabinet colleagues
Response accuracy
Q2 Partial Answer
Jeff Smith Lab
Manchester Withington
Context
The question follows discussions on the legality of including a notwithstanding clause in legislation.
Does she agree that the inclusion of a notwithstanding clause in legislation cannot magic away the international laws to which it refers?
As the hon. Gentleman knows very well, I am unable to do away with client confidentiality and give him the specifics of any legal advice that I may or may not have given. I take very seriously my obligations to encourage the Government to act in a lawful manner and to ensure that the Government are acting in a lawful manner, both on the domestic front and on the international front.
Assessment & feedback
Did not confirm or deny the assertion about notwithstanding clauses
Client Confidentiality
Response accuracy
Q3 Partial Answer
Andrew Slaughter Lab
Hammersmith and Chiswick
Context
The question follows concerns about a draft bill that seeks to oust the jurisdiction of UK's highest courts.
How comfortable is she with the draft Safety of Rwanda (Asylum and Immigration) Bill, which seeks to oust the jurisdiction of our highest courts?
May I start by thanking the former shadow Solicitor General for his great work while in that post and in particular for his championing of the pro bono movement, which I know he has always taken extremely seriously? It has been and remains a pleasure to do business with him. He knows perfectly well—better than most—that I cannot give from the Dispatch Box the details of legal advice that I have been giving to the Government, or of whether or not I have been giving such advice.
Assessment & feedback
Did not address her comfort level with the bill
Client Confidentiality Personal Thanks
Response accuracy
Q4 Partial Answer
Emily Thornberry Lab
Islington South and Finsbury
Context
The question follows public interest about the legal implications of a new bill.
Will she publish her full legal advice on the Bill, as happened with the Brexit withdrawal agreement?
The right hon. Lady understands, as I hope all of us in the Chamber do, the complications of the Law Officers convention, which means that I simply cannot go into the details of my advice here. On very rare occasions, either legal advice has been leaked or, more recently, I am glad to say, a summary of the Government's legal position, which may or may not include the Attorney General's advice, has been provided.
Assessment & feedback
Did not commit to publishing legal advice
Client Confidentiality
Response accuracy