HL Deb 06 November 2003 vol 654 c129WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the answer by the Lord President on 13 October (HL Deb, col. 601), what is the difference between the "views" of the Attorney-General on the legality of the use of armed force against Iraq and his "advice" on this subject. [HL4895]

Lord Goldsmith

In a Written Answer on 17 March in response to a question from Baroness Ramsay of Cartvale, I set out my views of the legal basis for the use of force against Iraq. This statement was a summary of my view of the legal position, rather than a detailed consideration of the legal issues. The statement was nevertheless consistent with my detailed legal advice. As the Lord President made clear in her reply of 13 October, there is a long-standing convention adhered to by successive governments, and reflected in paragraph 24 of the ministerial code, that legal advice from the Law Officers is not publicly disclosed. This is consistent with paragraphs 2 and 4d of Part II of the Code of Practice on Access to Government Information.