Commons Sense

House of Commons · Ministers' Questions

Rule of Law within Government

Thursday 7 December 2023 · 4 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 3 Not answered 0

Key points

  • Ministerial emphasis on the rule of law as fundamental to the UK constitution.
  • The Law Officers take seriously their obligation to ensure the Government acts lawfully.
  • Requests for detailed legal advice on the Safety of Rwanda Bill were declined due to legal conventions.

Topics (select to filter)

Questions & Answers

Q1 Andrew Slaughter Lab Hammersmith and Chiswick
Standards & Ethics
Context

The question arises from a broader discussion about the upholding of legal principles by governmental officials.

Question

What recent steps has she taken with Cabinet colleagues to uphold the rule of law within Government?

Answer from Victoria Prentis

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.

Partly answered

Not addressed: Did not provide specific steps or meetings taken with Cabinet colleagues

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Q2 Jeff Smith Lab Manchester Withington
Democracy & Elections Foreign Affairs
Context

The question follows discussions on the legality of including a notwithstanding clause in legislation.

Question

Does she agree that the inclusion of a notwithstanding clause in legislation cannot magic away the international laws to which it refers?

Answer from Victoria Prentis

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.

Partly answered

Not addressed: Did not confirm or deny the assertion about notwithstanding clauses

How: Client Confidentiality

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Q3 Andrew Slaughter Lab Hammersmith and Chiswick
Asylum & Refugees Justice & Courts
Context

The question follows concerns about a draft bill that seeks to oust the jurisdiction of UK's highest courts.

Question

How comfortable is she with the draft Safety of Rwanda (Asylum and Immigration) Bill, which seeks to oust the jurisdiction of our highest courts?

Answer from Victoria Prentis

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.

Not addressed: Did not address her comfort level with the bill

How: Client Confidentiality, Personal Thanks

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Q4 Emily Thornberry Lab Islington South and Finsbury
Brexit
Context

The question follows public interest about the legal implications of a new bill.

Question

Will she publish her full legal advice on the Bill, as happened with the Brexit withdrawal agreement?

Answer from Victoria Prentis

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.

Partly answered

Not addressed: Did not commit to publishing legal advice

How: Client Confidentiality

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