Stephen Doughty
Main Page: Stephen Doughty (Labour (Co-op) - Cardiff South and Penarth)Department Debates - View all Stephen Doughty's debates with the Attorney General
(5 years, 2 months ago)
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The Attorney General
I am grateful to my hon. Friend for the question. I cannot disclose what advice I gave. The hon. and learned Member for Edinburgh South West, who first asked this urgent question, had that answer, and I am afraid I am going to have to keep giving it today. However, what I would say is that the Supreme Court did indeed, as it overtly and explicitly said, develop the law. It took what was a political convention—hitherto, in all the constitutional textbooks, described as unenforceable by a court—and decided that it would set a test and convert it into a legal principle and legal test. It was perfectly entitled to do that, just as this House will, in the coming months and years, have to reflect on the implications and on whether it is content to leave that position untouched. However, for the moment, that is the law, and the law must be obeyed.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
Can the Attorney General be very clear? Were the director of legislative affairs, Nikki da Costa, and the Cabinet Secretary, or indeed any other advisers, including in the office of the Leader of the House, asked to make sworn statements in these cases? Did they refuse to do so, and, if so, why?
The Attorney General
I simply cannot comment on matters that pertain to the internal preparation of cases, which are covered by legal professional privilege. It is simply not reasonable to ask people to do so, particularly when it relates to individuals. The hon. Gentleman should make no assumptions one way or the other from what I am saying. The fact is that cases are covered by privilege, and that must be respected.