§ Lord Alexander of Weedonasked Her Majesty's Government:
Whether they agree with the view of Lord Palmerston expressed in 1865 that there are many occasions when it is proper and for the convenience of the House that the opinions of the Attorney-General should be made known. [HL303]
64WA
§ Baroness AmosBy longstanding convention, observed by successive governments, the fact of and substance of the Law Officers' advice is not disclosed outside government. This convention is referred to in paragraph 24 of theMinisterial Code. This enables the Government to obtain frank and full legal advice in confidence, as everyone else can. The exceptions to this are rare.
§ Lord Alexander of Weedonasked Her Majesty's Government:
On which occasions since 1865 the advice of the Attorney-General has been publicly disclosed. [HL304]
§ Baroness AmosThe Government do not maintain records of occasions on which exceptions have been made to the convention against disclosure of Law Officers' advice.
I am aware of only two cases in which Law Officers' advice was disclosed. In both cases, disclosure was made for the purposes of judicial proceedings. In 1993, Law Officers' advice relevant to the subject matter of the Arms to Iraq inquiry was disclosed to the Scott inquiry. The advice was published in an annex to the inquiry report. Law Officers' advice on the 1988 Merchant Shipping Act was disclosed to the other parties in the course of the Factortame litigation in which Spanish fishermen were seeking damages from the Government for a breach of Community Law.
I am aware of three other cases in which the views of the Law Officers on a particular matter were disclosed, but not the actual advice. In February 1971, the substance of the Law Officers' advice relating to the UK's obligations to supply arms to South Africa under the Simonstown Agreement was published in a command paper (Cmnd 4589). In February 1993, the views of the Law Officers' advice were disclosed in the debate in the other House on the Maastricht Treaty. In March this year the Attorney-General set out in a Written Answer a summary of his view of the legal basis for the use of force against Iraq.
§ Lord Alexander of Weedonasked Her Majesty's Government:
What was the reason for publishing the summary of the views of the Attorney-General on the legality of the war against Iraq; and why they have since consistently declined requests for information as to whether the Attorney-General gave any fuller advice on the legality of the war. [HL305]
§ Baroness AmosIn view of the high level of public interest in the proposed military action against Iraq, the Attorney-General, exceptionally, made a Written Statement in Parliament on 17 March 2003 setting out his view of the legal basis for the use of force against Iraq.
The Government have not declined to answer requests for information as to whether the Attorney-General gave advice on the legality of the military action. It has been made clear in response to a number 65WA of Parliamentary Questions that the Attorney-General's detailed advice would not be disclosed in view of the long-standing convention, adhered to by successive governments, that advice of the Law Officers is not publicly disclosed. The purpose of the convention is to enable the Government, like everyone else, to receive full and frank legal advice in confidence.
§ Lord Alexander of Weedonasked Her Majesty's Government:
Whether, in the light of the views expressed by international lawyers and Kofi Annan that the invasion of Iraq was contrary to international law, they will now publish the full advice of the Attorney-General so that his reasons may be open to public scrutiny. [HL306]
§ Baroness AmosAs I made clear in my reply to the noble Lord, Lord Lester of Herne Hill, on 13 October, there is a longstanding convention, adhered to by successive governments, and reflected in paragraph 24 of theMinisterial 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. In view of the exceptional public interest in the proposed military action against Iraq, the Attorney-General set out his view of the legal basis for the use of force in a Written Answer on 17 March 2003.
The Government's view remains as set out in the Written Answer referred to above and in the Foreign Secretary's memorandum submitted to the Foreign Affairs Committee on 17 March.