Commons Sense

House of Commons · Ministers' Questions

Rule of Law: Government

Thursday 10 February 2022 · 5 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 1 Not answered 0

Key points

  • The rule of law lies at the heart of the UK constitution, and the Law Officers take their responsibility to uphold it very seriously.
  • The Attorney General is prevented from commenting on the fact or content of legal advice provided to Government members due to the Law Officers' convention.
  • The Attorney General strongly refutes suggestions of undermining judicial review and the rule of law, emphasizing the importance of freedoms and protections enjoyed in the UK.

Topics (select to filter)

Questions & Answers

Q1 Rupa Huq Lab Ealing Central and Acton
Standards & Ethics
Context

The question follows a series of incidents where the Government faced scrutiny for potential breaches of legal norms. These include controversies around prorogation and lockdown party allegations.

Question

What steps she is taking to help ensure that the Government act in accordance with the rule of law. From their early work on Prorogation to the now daily revelations about lockdown-busting parties, this Government have had a fair few brushes with the rule of law. I know the Attorney General cannot comment on an ongoing criminal investigation, but will she tell us whether anyone found to have breached lockdown regulations, whatever their rank, will face the same consequences as Joe Public did?

Answer from Suella Braverman

The rule of law lies at the heart of the UK constitution and the Law Officers have a particular role in respect of upholding the rule of law. Together with the Solicitor General, I take that responsibility very seriously wherever we are called on to give advice. The Prime Minister has made his position clear and I am not going to add any more in the light of the live police investigation.

Partly answered

Not addressed: Specific consequences for those who breached lockdown rules were not addressed.

How: The Attorney General Cannot Comment On An Ongoing Criminal Investigation.

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Q2 Dan Carden Lab Liverpool Walton
Standards & Ethics
Context

An incident occurred where the Prime Minister made a statement that contradicted emerging facts, raising questions about the accuracy of his information.

Question

On the morning of 8 December, the Attorney General went to Downing Street to advise the Prime Minister after the emergence of a video showing staff in Downing Street joking about parties. That afternoon, the Prime Minister claimed no parties had taken place and that no covid rules were broken. Did the Attorney General approve of those comments? If so, was she colluding with the Prime Minister, or did he mislead her?

Answer from Suella Braverman

The hon. Gentleman makes a valiant attempt but he should be aware of the Law Officers' convention, which means I am prevented from commenting on the fact or the content of any legal advice provided by Law Officers to members of the Government.

Not addressed: The Attorney General did not address whether she approved of the PM's misleading statements.

How: Law Officers' Convention Preventing Comment

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Q3 Rupa Huq Lab Ealing Central and Acton
Democracy & Elections Standards & Ethics
Context

Controversies around lockdown party allegations led to questions about adherence to the rule of law.

Question

From their early work on Prorogation to the now daily revelations about lockdown-busting parties, this Government have had a fair few brushes with the rule of law. I know the Attorney General cannot comment on an ongoing criminal investigation, but will she tell us whether anyone found to have breached lockdown regulations, whatever their rank, will face the same consequences as Joe Public did? If there have been breaches of the ministerial code, will there be resignations?

Answer from Suella Braverman

The Prime Minister has made his position clear and I am not going to add any more in the light of the live police investigation. On the big calls Labour gets it wrong, and on the things that matter, this Prime Minister and this Government are leading us through covid and international diplomacy against Russian aggression.

Not addressed: The Attorney General did not address whether those who violated rules or codes would face consequences.

How: Prime Minister'S Position

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Q4 Andrew Slaughter Lab Hammersmith and Chiswick
Crime & Law Enforcement Democracy & Elections
Context

The Leader of the Opposition faced disorder on the streets while entering this House following inflammatory remarks from the Prime Minister.

Question

This week the Leader of the Opposition was obstructed while entering this House by disorder on the streets outside following the Prime Minister's inflammatory remarks at that Dispatch Box. It is the Attorney General's job to advise Ministers, including the Prime Minister, on acting in accordance with the rule of law, so what advice does she have now to prevent his behaviour from leading to any further breakdown in law and order?

Answer from Suella Braverman

All violence is unacceptable, and I am grateful to those police officers who stepped in to assist the Leader of the Opposition. No one should have to endure that experience. The Prime Minister has spoken on the subject; I am not going to add any more to his comments.

Not addressed: The Attorney General did not provide specific advice to prevent further disorder due to inflammatory statements.

How: Not Adding Anything To Pm'S Comments

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Q5 Stuart McDonald SNP
Democracy & Elections
Context

There is concern that government actions could undermine the rule of law and democracy.

Question

Was the Attorney General able to read an interesting article this week by her noble Friend, former Conservative Minister Baroness Altmann, warning of a “slippery slope” towards authoritarian rule and an elected dictatorial elite seeking to override Parliament? Whether it is undermining judicial review, shredding human rights protections, endless ouster clauses, restricted appeal rights or tearing up international treaties, none of it is upholding the rule of law. Is not everything the Attorney General is doing putting the Government above the law?

Answer from Suella Braverman

I strongly refute that suggestion. I am not aware of the report to which the hon. Gentleman refers, but the freedoms and protections that we all enjoy rely fundamentally on the rule of law.

Not addressed: The Attorney General did not address concerns about undermining judicial review or shredding human rights protections.

How: Refuting The Suggestion Without Addressing Specific Points

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