§ 36. Mr. Dalyellasked the Attorney-General, pursuant to his answer, Official Report, 6 February, columns 596–97, what consideration he has now given to a directive given under a statute and a ministerial instruction in relation to the directive to dispose of Wytch farm, laid 13 before Parliament on 12 October 1981, and the Minister's instruction on 30 March 1983 to carry forward negotiations with the Dorset county council.
§ The Attorney-General (Sir Michael Havers)It is a long-standing convention that opinions given by the Law Officers are confidential. I am not prepared to disclose what advice, if any, I have given or may give to colleagues on these matters.
§ Mr. DalyellI thank the Attorney-General for the consideration that I know he has given to the question. Admittedly, the subject does not lend itself to simple and short question and answer, but will the Attorney-General, as a Law Officer rather than a partisan political Minister, put in the Library of the House an explanation to the non-lawyers and simple-minded among us as to whether the Government are acting extra-legally in the matter? There is a suspicion that over Wytch farm the House of Commons has been taken for granted, and possibly for a bit of a ride.
§ The Attorney-GeneralTo do that would be to breach the convention.
§ Mr. John MorrisAs this is a constitutional matter involving the status of an Act of Parliament, can the Attorney-General explain why one Minister gave a proper direction under an Act of Parliament, while his successor issued an instruction which does not seem to have been covered by that Act of Parliament, whereas in the meantime another Act of Parliament—the Oil and Gas (Enterprise) Act 1982—had been passed, which would have permitted a detailed and proper direction to have been given?
As the right hon. and learned Gentleman belongs to the party that sets itself up as the party of law and order, would it not have been better for Ministers to proceed under a proper Act of Parliament, rather than going behind the door and twisting the arm of the chairman of the British Gas Corporation?
§ The Attorney-GeneralI do not accept any of those allegations. As I said, I cannot go behind the long-standing convention.
§ Mr. DalyellOn a point of Order, Mr. Speaker. In view of the unsatisfactory nature of the reply, I give notice that I shall seek to raise the matter on the Adjournment.