Commons Sense

House of Commons · Ministers' Questions

Government: Rule of Law

Thursday 1 February 2024 · 4 questions

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

At a glance

Answered 1 Partly answered 3 Not answered 0

Key points

  • The rule of law is fundamental to the UK constitution and is a duty taken seriously by the Law Officers.
  • Government is considering the role of the CPS and the implications for Post Office's ability to pursue private prosecutions.
  • Leaking Law Officer advice is contrary to the rule of law and undermines legal professional privilege.

Topics (select to filter)

Questions & Answers

Q1 Mary Glindon Lab Newcastle upon Tyne East and Wallsend
Context

The rule of law is a critical constitutional principle. The question arises in the context of ensuring its upholding by government entities.

Question

What recent steps have been taken with Cabinet colleagues to ensure the rule of law is upheld within Government?

Answer from Victoria Prentis

I have always been clear that the rule of law is fundamental to our constitution, and it is the duty of the Law Officers to uphold it. I take this duty seriously, engaging with colleagues across Government to ensure the rule of law is protected for generations to come.

Partly answered

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

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Q2 Mary Glindon Lab Newcastle upon Tyne East and Wallsend
Context

The Horizon scandal has raised concerns about the power of organisations to pursue private prosecutions. The question addresses the need for Crown Prosecution Service oversight.

Question

Will the Attorney General address the implications for Post Office's ability to pursue private prosecutions, and what role should the CPS have?

Answer from Victoria Prentis

These matters are being considered carefully within Government. The priority is to right wrongs from the Horizon scandal, and there is work underway to ensure future scrutiny of private prosecutions.

Partly answered

Not addressed: Did not provide a specific commitment on CPS oversight role.

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Context

The leaking of Law Officer advice for political or other purposes is under scrutiny. The question addresses the importance and consequences of such breaches.

Question

Does my right hon. Friend agree that leaking Law Officer advice is contrary to the rule of law?

Answer from Victoria Prentis

My right hon. and learned Friend's intervention highlights the significance of the Law Officers' convention, which is crucial for free, frank advice to Government. Leaking such advice has a chilling effect and undermines confidence in legal professional privilege.

Answered
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Q4 Emily Thornberry Lab Islington South and Finsbury
Context

There is concern over the interim ruling from the ICJ regarding the situation in Gaza. The question addresses compliance with international law.

Question

Does the Attorney General agree that Hamas must release hostages and Israel comply with ICJ orders, treating them as binding?

Answer from Victoria Prentis

The right hon. Lady is correct in calling for international humanitarian law to be respected and civilians protected. We are concerned about civilian impact, call for an immediate pause to allow aid and hostages out, and review Israel's commitment to IHL regularly.

Partly answered

Not addressed: Did not provide a direct answer on the ICJ's authority or full compliance with its orders.

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