§ Mr. LidingtonTo ask the Solicitor-General what is his policy on the employment of Queen's Counsel in applications for judicial review. [115969]
The Solicitor-GeneralWhenever a Government Department in England and Wales wishes to brief counsel to appear in court on a civil matter, including judicial review proceedings, they must first consider whether it is appropriate to use one of the junior barristers included on the Panels of approved counsel. The procedure for selecting counsel to be included in these panels has recently been revised to make sure that the selection process is fair and transparent. Government Departments are therefore required to use the approved junior counsel in all but the most exceptional cases. If the lawyer handling the case believes that the hearing merits the instruction of a Queen's Counsel then they must seek a nomination of a particular Queen's Counsel with the appropriate expertise. Each such nomination has to be approved personally by the Law Officers before instructions can be sent. In considering whether the use of Queen's Counsel is necessary in a particular case factors such as the importance of the case, the complexity of the legal issues involved, whether the case will decide a point of principle of general application and the amount of money at stake are taken into account.