Question to the Attorney General:

To ask His Majesty's Government, further to the Written Answer by the Parliamentary Secretary to the Cabinet Office on 14 January (HC22186) and Attorney General's speech to the Parliamentary Assembly of the European Council on 30 January, what guidance they have given on whether Ministers can (1) derogate from or (2) disregard rulings of the European Court of Human Rights where such issues are against (a) UK national interest or (b) the stated view of the UK Parliament.

The Law Officers’ Convention applies to advice which may or may not have been given by, or requested of, the Law Officers. The Convention applies to your question.

It can be found at paragraph 21.27 of Erskine May: “By long-standing convention, observed by successive Governments, the fact of, and substance of advice from, the law officers of the Crown is not disclosed outside government. This convention is referred to in paragraph [5.14] of the Ministerial Code [updated on 6 November 2024]. The purpose of this convention is to enable the Government to obtain frank and full legal advice in confidence.”