Withdrawal Agreement: Legal Advice Debate

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Department: Attorney General

Withdrawal Agreement: Legal Advice

Neil O'Brien Excerpts
Thursday 29th November 2018

(5 years, 5 months ago)

Commons Chamber
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Robert Buckland Portrait The Solicitor General
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I think the hon. Lady was reading out the words of the motion, which were not the words adopted by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer). He confined himself to a particular document that he wanted to see. Those are the terms of reference that he sought, and it does nobody any good to try to go back on what he said. A statement on the Government’s legal position will be published on Monday, so it will not just be the Attorney General’s words given here orally. Right hon. and hon. Members will have something in writing as well.

Neil O'Brien Portrait Neil O’Brien (Harborough) (Con)
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Does the Solicitor General agree that if Members have important questions about the Government’s legal advice or the legal position, they will be able to find out the answers to those questions by asking the source of the Government’s legal advice—the Attorney General—in this House? Does he further agree that this is about a very important constitutional principle? If all 6,500 pieces of legal advice are published, all official advice, not just legal, will start to be published and we will have a situation in which candid advice will no longer be given. It will not be written down and, whoever is in government, we will not have proper functioning of Government.

Robert Buckland Portrait The Solicitor General
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My hon. Friend is absolutely right to say that if Law Officers, and indeed civil servants, cannot provide candid advice in an unencumbered way, the quality of decision making will deteriorate, as will its transparency. That is deleterious to good government.