§ Llew SmithTo ask the Solicitor-General if she will reconsider the decision not to publish the legal advice provided by the Attorney-General on the legal basis for military action in Iraq. [133313]
§ The Solicitor-GeneralNo. As the hon. Member is aware from my answers to him on the 26 March and 21 May 2003, there is a long-standing convention, observed by successive governments, that advice which 699W the Law Officers have given to the Government is not publicly disclosed. This is consistent with paragraphs 2 and 4(d) of Part II of the Code of Practice on Access to Government Information.
§ Llew SmithTo ask the Solicitor-General on how many occasions, and in what forms, the Attorney-General has been asked to publish the advice she provided to the Government in respect of the legality of military action in Iraq; if she will list the individuals and organisations which have made requests; and what criteria were used in determining a response. [1333141]
§ The Solicitor-GeneralThe Legal Secretariat to the Law Officers does not maintain any records of the occasions on which the Attorney-General has been asked to publish the advice he provided to the Government in respect of the legality of military action in Iraq. It is not therefore possible to provide a comprehensive answer to the hon. Member's question. The following information is available. Since the Attorney-General made his statement on 17 March 2003 setting out his view of the legal basis for the use of force against Iraq:
- (a) four parliamentary questions have been tabled asking if I will publish the Attorney-General's advice. Three of these questions were posed by the hon. Member himself (on 26 March, 21 May and 22 October 2003). The fourth question was put by the hon. Member for Liverpool, Walton (Mr. Kilfoyle) on 24 March 2003;
- (b)the Attorney-General has received four letters from members of the general public asking him to publish his advice. The hon. Member for North-West Hampshire (Sir George Young) also wrote to the Attorney-General enclosing a letter from one of his constituents asking for disclosure of the advice; and
- (c)the Lord Alexander of Weedon has written to the Attorney-General requesting disclosure of his advice.
The reply on all these occasions was to decline the request. The reason given was that there is a long-standing convention, adhered to by successive governments, that advice which the Law Officers have given to Government is not publicly disclosed. This is to enable the Government, like everyone else, to obtain full and frank legal advice in confidence.