§ 43. Sue DoughtyTo ask the Solicitor-General what assessment has been made of the risk of the Government facing a legal action under the Human Rights Act 1998 regarding the civil service pension scheme. [31443]
§ The Solicitor-GeneralIt is a long-standing convention enshrined in the Ministerial Code, that neither the fact that the Law Officers have advised on a matter, nor the content of any advice which they may have given, is disclosed outside Government other than in exceptional circumstances. This is to protect the confidentiality of the legal advice given to the Government. The Government, like everyone else, should be able to get the legal advice which they need to perform their functions, without having to explain or justify this to outsiders, or indeed to reveal that it has concerns about the legal position. This ensures that the Government seek, and get, frank advice where appropriate without having to worry about any political and presentational implications.