Iraq: Legal Advice (Hansard, 6 April 2004)

§ Lord Lester of Herne Hill
asked Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 25 March (WA 108), in what way disclosure of the date when the Government first sought legal advice about the legality of an invasion of Iraq, as distinct from the content of such advice, "would harm the frankness and candour of internal discussion" within the meaning of exemption 2 of the Code of Practice on Access to Government Information. [HL2218]

§ Baroness Symons of Vernham Dean
There is nothing in exemption 2 of the Code of Practice on Access to Government Information which requires disclosure of the date of any information in cases where that information itself may be withheld.

§ Lord Lester of Herne Hill
asked Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 25 March (WA 108), in what way disclosure of the date when the Government first sought legal advice about the legality of an invasion of Iraq, as distinct from the content of such advice, falls within exemption 4(d) of the Code of Practice on Access to Government Information as "Information covered by legal professional privilege". [HL2219]

§ Baroness Symons of Vernham Dean
The right to receive legal advice in confidence includes the right not to disclose whether legal advice has been sought or given and if so on what date.

§ Lord Lester of Herne Hill
asked Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 25 March (WA 108), whether since they have made public the fact that the Attorney-General has given legal advice to them on the legality of an invasion of Iraq the practice of not disclosing whether particular advice was sought or obtained has been affected. [HL2220]

§ Baroness Symons of Vernham Dean
No. The practice of not disclosing whether particular advice was sought or obtained has not been affected. In view of the high level of public interest in the proposed military action against Iraq, the Attorney-General, exceptionally, made a Written Statement in Parliament on 17 March 2003 setting out his view of the legal basis for the use of force against Iraq.