John Nicolson
Main Page: John Nicolson (Scottish National Party - Ochil and South Perthshire)Department Debates - View all John Nicolson's debates with the Attorney General
(9 years ago)
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Alan Brown (Kilmarnock and Loudoun) (SNP)
1. If he will publish his legal advice on the legality of the UK carrying out airstrikes in Syria in the absence of a UN Security Council resolution on that matter.
John Nicolson (East Dunbartonshire) (SNP)
9. If he will publish his legal advice on the legality of the UK carrying out airstrikes in Syria in the absence of a UN Security Council resolution on that matter.
The Attorney General (Jeremy Wright)
It is a long-standing convention that Law Officers’ advice is not published. However, as hon. Members will know, the Prime Minister is setting out today the case for taking further action in Syria, and he will also set out the legal basis for doing do.
The Attorney General
As I say, the hon. Gentleman will see that the legal basis for action is, in the Government’s view, set out in what the Prime Minister intends to say. Indeed, he has responded as he said he would to the Foreign Affairs Select Committee report, and that response has been published this morning for all Members to see. As for the legal advice that the Law Officers give, it can be argued that the convention is there for very good reason. There are essentially two reasons. The first is to enable legal advice to be given to Government in a frank and open way, which is best done when advice is not published; and secondly, of course, the legal advice the Law Officers give is part of the collective responsibility of Cabinet decision-making. Again, there are good reasons for not publishing it on those grounds.
John Nicolson
Does the Attorney General not realise that in an open and transparent democracy, it is really not good enough to rely on convention? For the House to understand the legal basis on which bombing may begin, it is vital for Members to be trusted with this information, so I appeal to the Attorney General to reverse his decision.
The Attorney General
As I say, Members on both sides will have the chance to understand what the legal basis for the Government’s proposals will be, but there is a distinction to be made between the Government’s legal basis for action and the precise advice that Law Officers give. For the reasons I have explained, I do not think it sensible in what is undoubtedly an open and transparent democracy to publish that advice.