HL Deb 25 March 2004 vol 659 cc105-6WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether responsibility for deciding whether to publish the opinion given to the Government by the Attorney-General on the legality of the invasion of Iraq is that of the Attorney-General or that of government. [HL1619]

The Lord President of the Council (Baroness Amos)

Any decision to disclose legal advice provided by the Law Officers to the Government would be taken by the Government with the consent of the Law Officers, in accordance with paragraph 24 of the Ministerial Code.

There is a strong public interest in maintaining the confidentiality of Law Officers' advice. This is why there is a long-standing convention, adhered to by successive Governments and reflected in paragraph 24 of the Ministerial Code, that neither the fact that the Law Officers have advised on a particular matter, nor the substance of any advice they may have given is publicly disclosed. The purpose of the convention is to enable the Government to obtain frank and full legal advice in confidence. This is in the public interest so that governments take full and frank legal advice and act in accordance with the rule of law.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they consider that the public disclosure of the opinions given to them by the Attorney-General about the legality of the invasion of Iraq would harm the public interest; and, if so, what harm they consider would arise. [HL1621]

Baroness Amos

There is a strong public interest in maintaining the confidentiality of Law Officers' advice. This is why there is a long-standing convention, adhered to by successive governments and reflected in paragraph 24 of the Ministerial Code, that neither the fact that the Law Officers have advised on a particular matter, nor the substance of any advice they may have given is publicly disclosed. The purpose of the convention is to enable the Government to obtain frank and full legal advice in confidence. This is in the public interest so that governments take full and frank legal advice and act in accordance with the rule of law.

Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they intend the terms of reference of the inquiry under the chairmanship of Lord Butler of Brockwell to include (a) instructions given by them to the Attorney-General; (b) the Attorney-General's advice on the legality of the invasion of Iraq; and (c) the use made by the Government of the Attorney-General's advice. [HL1624]

Baroness Amos

The Government intend the Review of Intelligence on Weapons of Mass Destruction chaired by Lord Butler of Brockwell to inquire into the matters referred to in their terms of reference, which have been published.

My right honourable friend the Foreign Secretary set out the terms of reference for Lord Butler's review on 3 February 2004 (Official Report, cols. 625–28). It is for Lord Butler to determine, within those terms of reference, the scope of his report.