§ Mr. Tony BennTo ask the Solicitor-General what advice he has sought on the legality of British nuclear deterrence policy. [102132]
The Solicitor-GeneralAs a matter of convention (observed by successive Governments) neither the substance of the Law Officers' advice on a question, nor the fact that they have been consulted, is disclosed outside Government, other than in exceptional circumstances. I can however confirm that legal considerations are always taken fully into account in the formulation and application of defence policy. The Government are confident that Britain's nuclear policy and posture, as set out most recently in the Strategic Defence Review, are entirely compatible with our obligations under international law.
§ Mr. Tony BennTo ask the Solicitor-General what representations he has received about permission for a private prosecution of those responsible within40W Government for infringements of international humanitarian law based on the Government's nuclear deterrence policy. [102131]
The Solicitor-GeneralMy office receives letters from the public from time to time on the Government's nuclear deterrence policy. A request for permission for a private prosecution under the Geneva Conventions Act 1957 was received last year. However, the Law Officers take the view that the application of the Government's nuclear deterrence policy does not involve an infringement of either domestic or international law, and accordingly permission was not given.