§ 24. Mr. John Bercow (Buckingham)What advice she has given to the Government about devolution issues since her appointment. [104951]
§ The Advocate-General for Scotland (Dr. Lynda Clark)There is a long-standing convention, followed by successive Governments, that neither the substance of Law Officers' advice nor the fact that they have been consulted is disclosed outside Government. I see no reason for departing from that convention.
§ Mr. BercowI thank the Advocate-General for that reply, which was spectacularly uninformative even by the standards of the Government. Has the hon. and learned Lady advised the Government on the impact of European Union law on the Cubie report—specifically in so far as it relates to Scottish students studying at English universities? If the answer is that she has proffered advice to her right hon. and hon. Friends, can she explain to the House the basis in law for the UK Government's assertion that the leaked proposals of the Scottish Executive for the reform of tuition fees cannot apply to Scottish students studying at English universities?
The Advocate-GeneralI regret that I obviously did not make my last answer plain. The words "tim'rous beastie" leap to mind. All this Scots stuff! The existence and substance of Law Officer advice is not, by long-standing parliamentary convention adopted by all parts of the House, disclosed outside Government. The Advocate-General is here not as an adviser to Opposition Members but to the UK Government. I see no reason to depart from that long-standing convention.
§ Mrs. Rosemary McKenna (Cumbernauld and Kilsyth)I will try to be helpful to my hon. and learned Friend. Is it not the case that what characterises the 137 devolution settlement is the partnership between the two Parliaments? Can she confirm that she is in regular contact with her colleagues in the Scottish Executive?
The Advocate-GeneralI am, of course, in regular contact with my Law Officers from the Scottish Executive. I regret to say that, as is normal, I cannot advise hon. Members of the substance.
§ Mr. BercowThen what is the point of questions?
The Advocate-GeneralIf I may, with your permission, Madam Speaker, take that sedentary intervention, the point of my being here is to answer questions that are properly phrased. If I get any properly phrased questions, I shall be delighted to answer them.
§ Mr. GrieveI have never thought of the hon. and learned Lady as a "wee … tim'rous beastie", but may I make a simple inquiry? She will be aware of this afternoon's exchanges on European law, which is presumably within her remit in respect of advising the Government. Can we take it, therefore, that we shall hear from them shortly as to what European law issues would prevent the Scottish Executive, if they so wished, from funding Scottish students under the Scottish funding system at English universities?
The Advocate-GeneralPerhaps I should explain to the hon. Gentleman that under the Scotland Act 1998 I have certain statutory duties to consider Bills introduced by the Scottish Parliament and to advise on whether they are within its legislative competence. There is no Bill of any kind on that subject for me to consider. When there is I shall consider it, as I consider any other Bills that are introduced.