Legal Advice: Prorogation

Debate between Geoffrey Cox and Jeremy Wright

Wednesday 25th September 2019 Commons Chamber

[The Attorney General]

The judges do not exist immune from criticism. There is nothing wrong at all in any member of the public, be it a Member of Parliament or otherwise, criticising a court judgment, but what is wrong is that motives of an improper kind should be imputed to any judge in this country. We are defenders of the entire democratic constitution and we must be sure, in everything we say—I agree with the hon. Lady if this is what she means—that we do not impute improper motives. With the judgments, we can be robustly critical; with the motives, we cannot.

[Jeremy Wright (Kenilworth and Southam) (Con)]

Is it not important, even in the course of argument on matters as important as these, to remember why we have the constitutional conventions that we do, and that Governments are entitled, as any other organisation or individual is, to receive legal advice in private? If they do not, and if those who ask for it to be published get their way, that legal advice will become increasingly guarded, increasingly equivocal and progressively less useful to Government in ministerial decision making; and the consequence of that will be less good legal advice and less good ministerial decision making.

[The Attorney General]

My right hon. and learned Friend has great experience, as does my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) sitting next to him, of the role that I now have the great privilege to occupy. He knows how important confidentiality is to the ability of the Attorney General to give frank, unvarnished and sometimes unwelcome advice to those who are conducting the policy of the Government. So he is quite right. He discharged his functions, as did my right hon. and learned Friend the Member for Beaconsfield, with great distinction and I am proud to have been a successor of theirs.