§ Mr. DismoreTo ask the Minister of Agriculture, Fisheries and Food if he will make a statement on his Department's policy when(a) conducting legal proceedings and (b) seeking legal advice as to the circumstances in which Queen's Counsel should be instructed; and for each of the last three years (i) on how many occasions his Department instructed Queen's Counsel and (ii) what was the total cost of instructing Queen's Counsel. [81759]
§ Mr. RookerThe Ministry of Agriculture, Fisheries and Food predominantly uses junior counsel when it is necessary to instruct counsel to provide legal advice or to conduct legal proceedings.
In civil cases, the two First Treasury Counsel are both junior counsel and they will advise and represent the government without a Queen's Counsel in many of its important cases. In addition, the Attorney-General maintains four panels of junior Counsel who departments 212W are expected to use for the majority of the government's civil litigation. The Attorney-General or Solicitor-General's approval is required before a Queen's Counsel can be instructed to appear in civil litigation.
A panel of Counsel, maintained by the Attorney-General, exists to provide advice in more significant criminal case work. His consent is sought to the nomination of such Counsel.
In determining the level of counsel to use, the department will consider the individual circumstances of each case. It will take into account, inter alia, the importance and sensitivity of the case, the complexity of the law, the weight and complexity of the evidence, and the degree of experience and expertise required before deciding whether to instruct Queen's Counsel or junior counsel.
The number of occasions on which the Ministry instructed Queen's Counsel in the last three years, and the cost of doing so, cannot be given without incurring disproportionate cost.