Oral Answers to Questions

Michael Fabricant Excerpts

Thursday 13th December 2018 Commons Chamber

[Michael Ellis]

I thank the hon. Gentleman for his charming invitation to Derbyshire. I am always pleased to visit. It is a beautiful county, and I look forward to my visit. I would say to local authorities of any political party that they have a responsibility under the 1964 Act, which this Department takes seriously and has proven so in the past.

[Michael Fabricant (Lichfield) (Con)]

When the library in Lichfield was too costly to maintain, the Tory-controlled Staffordshire County Council sold it and moved the library to a museum in the centre of Lichfield. It will now be bigger and better than before. Will the Minister congratulate t’Tory-controlled Staffordshire Council?

[Michael Ellis]

I congratulate my hon. Friend and his council. In fact, councils of all political hues around the country are investing in libraries, building new ones and reinvigorating them. I have opened several myself and visited others that have been renovated. Local authorities are doing that across the country.

--- Later in debate ---

[The Attorney General]

As the hon. Gentleman knows, the principle of the convention applies and must be upheld. Of course the Government will consider very carefully, particularly in the light of the House’s expressed wish for assistance on these matters, what assistance they and I as Attorney General can give.

[Michael Fabricant (Lichfield) (Con)]

2. When his Department’s policy on public disclosure of legal advice given by Law Officers to the Government was implemented.

[The Attorney General (Mr Geoffrey Cox)]

As noted in “Erskine May”, it is a long-standing convention observed by successive Governments that neither the fact nor the substance of Law Officers’ advice is disclosed outside the Government without their authority. That authority is very rarely sought or given.

[Michael Fabricant]

Given that recent decisions of the House might mean a return to Tony Blair-style sofa Government, does my right hon. and learned Friend think the Humble Address procedure needs revisiting?

[The Attorney General]

Of course, the corrosive effect of the disclosure of confidential advice is that in future Attorneys General will not be able, without risking and fearing its publication, to give frank and robust advice to the Cabinet or the Prime Minister when it is needed, with the point and emphasis that might be needed at that particular time. The risk if it is published is that it is taken out of context, parts of it are seized and plucked and dwelt upon, and the particular moment and context of the advice is ignored. I do think we need to look very carefully at the procedures of the House in this regard while paying due respect to the legitimate desire of the House to have all of the information that it requires.