HC Deb 25 April 1911 vol 24 cc1602-3
Mr. SWIFT MacNEILL

I would be glad, Mr. Speaker, if you would kindly answer a question on a matter which you asked me to postpone until after questions. It arises on question No. 3 on the paper, in which the Secretary of State for Foreign Affairs was asked whether he had consulted the Law Officers of the Crown on such and such a point. I submit that a question of that kind is out of Order, and for this reason. It has been held again and again that the opinions given by Law Officers of the Crown are confidential, and these opinions cannot be published. It has been likewise held that Members of this House are not allowed to interrogate Law Officers of the Crown in reference to their opinions, or when their salaries are under discussion, either in Committee or on Report, to criticise any opinions they have given, and questions such as that on the paper would have a tendency to shift the responsibility from the Minister in charge, who is the person answerable to this House to the Law Officers of the Crown. On that account I think that the question is scarcely in Order, and I ask your opinion in reference to it.

Mr. SPEAKER

It is very well known that the opinions of the Law Officers of the Crown cannot be cited here, and if a Member of the Government does happen to cite the opinion of Law Officers of the Crown he must make himself responsible for it, and not endeavour to shelter himself behind the legal views of his legal colleagues. But, on the other hand, there is no objection to stating on occasions all that is asked here, whether the Secretary of State for Foreign Affairs did consult the Law Officers. If the hon. Member had proceeded to go on and ask what was the result of that consultation then the latter part of his question would have been out of Order. But I do not think that there is anything out of Order in asking whether the advice was taken or not.