Oral Answers to Questions

Emily Thornberry Excerpts

Wednesday 1st February 2023 Commons Chamber

[Mr Speaker]

I call the shadow Attorney General.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

May I join the Attorney General in thanking the House of Lords Constitution Committee for this excellent report? I have to say, it is a damning indictment of the former Attorney General, but also a helpful warning for current and future holders of the post. I want to ask the Attorney General about one specific point in relation to the report. Does she agree that it would be helpful to provide greater clarity within the ministerial code on the duties of Law Officers, particularly on upholding the rule of law within Government and providing impartial legal advice regardless of political considerations—both areas that the former Attorney General fell so drastically short on?

[The Attorney General]

I have looked often at the ministerial code, and I think the section that deals with legal advice is sufficient. To go back to the previous question, I note that it is suggested that the advice sought should be timely, but, as all lawyers present in the Chamber know, that is not always the way with clients, and we do our best to accommodate them. On some things, however, we can clearly be less accommodating. The rule of law is absolutely a thread that runs through the legal advice provided by the holders of this office.

[Emily Thornberry]

May I ask about one specific area of the ministerial code that might benefit from particular clarity? Section 7 requires Ministers to inform Law Officers if they risk becoming

“involved in legal proceedings in a personal capacity,”

including when they are potential defendants or in relation to potential defamation cases, and preferably before they have instructed their own solicitors. On that basis, I ask the Attorney General to clarify two points of fact: are Ministers currently obliged to inform Law Officers if either their solicitors are sending letters to journalists threatening to sue them for libel, or they are under investigation by His Majesty’s Revenue and Customs over the non-payment of taxes?

[The Attorney General]

I am not going to comment on specific cases—the right hon. Lady will understand why that is the case. I think the ministerial code allows for a certain level of wiggle room on that particular area. It is clear that when proceedings have already commenced, it is essential to ask the Law Officers’ opinion on those proceedings. However, I think she and I both know that it is not always clear at the beginning of a series of letters, which may or may not lead to proceedings, when that moment should be. I would always caution—as I am sure she would—that it would be good to involve the Law Officers at an early stage of proceedings, but I cannot comment on specific cases and whether or not that was done.