HC Deb 27 November 1989 vol 162 c436
124. Mr. Dalyell

To ask the Minister for the Civil Service if he will issue guidelines on appropriate disciplinary action to be taken against senior civil servants who authorise the disclosure of Law Officers' advice to the Government.

Mr. Luce

General guidelines already exist.

Mr. Dalyell

As we know from Sir Leon Brittan that they improperly approved the leaking of a letter from the Law Officers, may we assume that the Minister for the Civil Service will be giving a carpeting to Mr. Bernard Ingham and to Charles Powell? Is the reason that he did not give them a carpeting that the Prime Minister, on 26 January 1986, did something that, were I so indelicate as to mention it, would mean that Mr. Speaker would suspend me for five days?

Mr. Luce

What we can assume from the experience of the past four years, is that the hon. Gentleman has an obsession with that issue. We have debated those matters time and again, and I am delighted to be able to defend both Mr. Powell and Mr. Ingham, who are outstanding civil servants who are prepared to serve Governments of whatever complexion.

Mr. Aitken

Would my right hon. Friend consider riot issuing disciplinary action against civil servants, but shutting up the hon. Member for Linlithgow (Mr. Dalyell) by encouraging civil servants not to have a protective attitude towards the Law Officers' advice? As my right hon. Friend is the Minister for open government, is it riot in the public interest for Law Officers' advice to be known? The Law Officers were not backward in publishing their advice on the "Spycatcher" affair. Why should it not be possible, for example for the Law Officers' advice in relation to the haemophiliacs' action to obtain compensation, to be published freely with encouragement from the Government?

Mr. Luce

That is a matter of judgment for the Law Officers. The guidelines are quite clear. Further to the first part of my hon. Friend's question, if I succeed in shutting up the hon. Member for Linlithgow (Mr. Dalyell), I think that it will be my most outstanding achievement ever.

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