§ Lord Denningasked Her Majesty's Government:
Whether it is the duty of the Attorney-General to defend and protect and, in case of need, to assert the interests of the beneficiaries of a charitable trust; and in case of an "unlawful act" such as described in the answer of 10th July (Official Report, col. 88) he should be represented by different solicitors and counsel from those representing the Charity Commissioners.
§ The Lord Chancellor (Lord Mackay of Clashfern)The Attorney-General represents the Crown as protector of charity for all forensic purposes and it is his duty to defend and protect and, in case of need, to assert the interests of the beneficiaries of a charitable trust.
The Treasury Solicitor is the solicitor for both the Attorney-General and the Charity Commissioners. However, in the unlikely event of there being court proceedings involving a charitable trust in which both the Attorney-General and the commissioners are joined as parties and in which there is a conflict of interest between them, arrangement s will be made to ensure that the Attorney is represented by a different official of the Treasury Solicitor's Department and by different counsel from those representing the Charity Commissioners.