To ask the Attorney General, with reference to the letter entitled, Simplification and Agency of Government - Letter to all ministers, of 7 September 2026, whether she plans to legislate to disapply the Gunning principles and case law on consultation requirements and expectations, including R v London Borough of Brent ex parte Gunning (1985).
Answered by
Andy Slaughter Solicitor General (Attorney General's Office)
This question was answered on 21st September 2026
The government currently has no plans to legislate to disapply the Gunning principles, which will still have a place in the exceptional circumstances where formal consultation is required. Such circumstances should only include where there is a statutory requirement to consult, where it would be conspicuously unfair not to consult, or where ministers believe there is a good case for seeking external input and that the right vehicle for doing so is a formal consultation.