Commons Sense

House of Commons · Ministers' Questions

Roles of Lord Chancellor and Law Officers

Wednesday 1 February 2023 · 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 2 Not answered 0

Key points

  • Clive Efford asked the Attorney General for an example of where Law Officers provided unwelcome advice to the Government.
  • The Attorney General declined to comment specifically on any legal advice given by Law Officers due to the Attorney General's convention.
  • Emily Thornberry questioned the Attorney General about the clarity needed in the ministerial code regarding Law Officers being informed if Ministers risk becoming involved in legal proceedings.

Topics (select to filter)

Questions & Answers

Q1 Clive Efford Lab Eltham and Chislehurst
Parliamentary Procedure
Context

The House of Lords Constitution Committee published its ninth report, HL 118, highlighting the roles of the Lord Chancellor and the Law Officers.

Question

What assessment has she made of the implications for her policies of the ninth report of the House of Lords Constitution Committee, 'The roles of the Lord Chancellor and the Law Officers', published on 18 January 2023?

Answer from Victoria Prentis

I thank the House of Lords Constitution Committee for its thoughtful and detailed report, which highlights the complexity of this historic office. It is an honour to serve—to make law and politics work together at the heart of Government.

Partly answered

Not addressed: The questioner asked for an assessment of policy implications but received a general acknowledgment without specifics.

How: General Praise Of The Report

Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Get updates like this by email
Q2 Clive Efford Lab Eltham and Chislehurst
Standards & Ethics
Context

The House of Lords Constitution Committee's ninth report highlighted the need for Law Officers with independent legal advice, regardless of its popularity.

Question

The Constitution Committee rightly says that we need Law Officers 'with the independence of mind, autonomy and strength of character to deliver impartial legal advice to the Government, even where it is unwelcome.' I am sure that the Attorney General agrees, but can she give a single example of where her predecessor met that standard in the advice that she gave to the Government?

Answer from Victoria Prentis

I thank the hon. Gentleman for his question, but as he knows—as we all know, I think—the Attorney General's convention means that I do not comment specifically on the advice that has been given by any holder of this office, or even whether or not advice was given.

Not addressed: The questioner asked for an example but received a deflection based on convention.

How: Refusal To Comment On Previous Legal Advice

Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Get updates like this by email
Q3 Bob Neill Con
Context

The Law Officers are expected to provide timely and impartial legal advice to the Government.

Question

I think the Attorney General has just demonstrated that she and the Solicitor General are well up to the task of internal inquiries. In welcoming the report, will she recognise that, given the Attorney General's important role of speaking truth to power—to Government—it is also important that the Law Officers should be consulted in a timely fashion, and appropriately and fully, on any controversial matters that may have a legal aspect, and that fellow Ministers should then listen and act accordingly, consistently?

Answer from Victoria Prentis

I thank my hon. Friend—he is a very learned Gentleman, on whose Committee I was extremely proud to sit for many years—for his question, which I think was more of a statement. It is important to note that the Government's commitment to the rule of law is absolute, and I will do my very best to uphold that.

Not addressed: The questioner asked for recognition but received a general comment on upholding the rule of law without addressing specific consultations.

How: Broad Statement About Commitment

Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Get updates like this by email
Q4 Emily Thornberry Lab Islington South and Finsbury
Standards & Ethics
Context

The House of Lords Constitution Committee's report highlighted the need for greater clarity in the ministerial code regarding the duties of Law Officers.

Question

May I join the Attorney General in thanking the House of Lords Constitution Committee for this excellent report? I have to say, it is a damning indictment of the former Attorney General, but also a helpful warning for current and future holders of the post. Does she agree that it would be helpful to provide greater clarity within the ministerial code on the duties of Law Officers, particularly on upholding the rule of law within Government and providing impartial legal advice regardless of political considerations—both areas that the former Attorney General fell so drastically short on?

Answer from Victoria Prentis

I have looked often at the ministerial code, and I think the section that deals with legal advice is sufficient. To go back to the previous question, I note that it is suggested that the advice sought should be timely, but, as all lawyers present in the Chamber know, that is not always the way with clients, and we do our best to accommodate them.

Partly answered

Not addressed: The questioner asked for clarity on providing legal advice regardless of political considerations, which was partially addressed but without specifics.

How: Note That Accommodating Clients Is Not Always Timely

Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Get updates like this by email
Q5 Emily Thornberry Lab Islington South and Finsbury
Standards & Ethics
Context

The report recommended providing greater clarity in the ministerial code regarding when Ministers must inform Law Officers of potential legal proceedings.

Question

May I ask about one specific area of the ministerial code that might benefit from particular clarity? Section 7 requires Ministers to inform Law Officers if they risk becoming involved in legal proceedings in a personal capacity, including when they are potential defendants or in relation to potential defamation cases, and preferably before they have instructed their own solicitors. On that basis, I ask the Attorney General to clarify two points of fact: are Ministers currently obliged to inform Law Officers if either their solicitors are sending letters to journalists threatening to sue them for libel, or they are under investigation by His Majesty's Revenue and Customs over the non-payment of taxes?

Answer from Victoria Prentis

I am not going to comment on specific cases—the right hon. Lady will understand why that is the case. I think the ministerial code allows for a certain level of wiggle room on that particular area. It is clear that when proceedings have already commenced, it is essential to ask the Law Officers' opinion on those proceedings.

Not addressed: The questioner asked for clarification but received a deflection based on not commenting on specific cases.

How: Refusal To Comment On Specific Cases

Was this summary accurate? Tell us

How accurate was this summary? (1 = poor, 5 = spot on)

Get updates like this by email