HC Deb 15 February 1999 vol 325 cc581-2W
Mr. Ruffley

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list(a) the London banisters' chambers and (b) the London solicitors' firms that have performed services for his Department (i) since 1 May 1997 and (ii) in the equivalent period preceding that date, indicating the remuneration paid in each particular case. [70031]

Mr. Fatchett

[holding answer 8 February 1999]: Legal services are performed for the Foreign and Commonwealth Office by London banisters in the following main situations:

  1. (a) domestic litigation including judicial review and personnel cases;
  2. (b) international litigation, for example before the International Court of Justice;
  3. (c) litigation before the European Commission and Court of Human Rights for which FCO Legal Advisers are agents for the Government, though in almost all such cases the policy lead and financial responsibility falls to another Government department;
  4. (d) advisory work.

Apart from the ECHR cases, no central records are kept and it would not be possible without disproportionate time and expense to provide an accurate response to the hon. Member's questions. It is, however, thought that the numbers of cases in categories (a), (b) and (d) are very small. It is also thought that there have been few, if any, cases in which the London solictor's firms have been instructed

So far as ECHR cases are concerned, there are as of 21 January 1999 some 184 current cases. Counsel are not instructed in every case. Some 22 different London Counsel are currently instructed (some on more than one case) from 12 different banisters' chambers. As indicated, fees almost always for payment by other Government departments.

My right hon. and learned Friend the Attorney-General appointed Philip Sales as First Junior Treasury Counsel (Common Law) and Jonathan Crow as First Junior Treasury Counsel (Chancery) to advise and represent the Government in its important civil cases. In addition, the Attorney-General maintains at present two London panels of junior Counsel whom departments are expected to use for the rest of the Government's civil litigation. The panels currently comprise 103 banisters from 42 different sets of chambers. The Attorney-General will shortly appoint a third panel of very junior barristers. The Attorney-General's individual nomination is required before a banister who is not on one of the approved panels can be instructed to appear for the Government in litigation.

Departments may use firms of solicitors in addition to the Treasury Solicitor and their departmental legal advisers, for example where the relevant expertise lies in the private sector. The relationship is subject to the usual confidentiality which operates between lawyer and client.

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