HL Deb 09 March 2004 vol 658 cc151-2WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether the disclosure to the courts in the Factortame litigation of the advice given by the law officers of the Crown to the Government about the compatibility of the Merchant Shipping Bill with European Community law was in accordance with constitutional convention. [HL1688]

The Attorney-General (Lord Goldsmith)

Yes. The longstanding convention, observed by successive governments, that the fact of and substance of the law officers' advice is not disclosed outside government is not an absolute rule, although exceptions to it are rare.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether the publication of an excerpt from the advice given by the Attorney General on the legality of the invasion of Iraq was in accordance with constitutional convention. [HL1690]

Lord Goldsmith

The statement that I made on 17 March 2003 setting out my view of the legal basis for the use of force against Iraq was not an "excerpt from" my advice to government. The statement that I made was in accordance with constitutional convention. The longstanding convention, observed by successive governments, that the fact of and substance of the law officers' advice is not disclosed outside government is not an absolute rule, although exceptions to it are rare.