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Written question asked by Llew Smith (Labour) on Wednesday, 15 October 2003, in the House of Commons. It was due for an answer on Thursday, 23 October 2003. It was answered by Baroness Harman (Labour) on Thursday, 23 October 2003 on behalf of the Solicitor General.


Solicitor-General

Question
To ask the Solicitor General, on how many occasions, and in what forms, the Attorney General has been asked to publish the advice she provided to the Government in respect of the legality of military action in Iraq; if she will list the individuals and organisations which have made requests; and what criteria were used in determining a response.
Answer

Llew Smith: To ask the Solicitor-General on how many occasions, and in what forms, the Attorney- General has been asked to publish the advice she provided to the Government in respect of the legality of military action in Iraq; if she will list the individuals and organisations which have made requests; and what criteria were used in determining a response. [133314] The Solicitor-General: The Legal Secretariat to the Law Officers does not maintain any records of the occasions on which the Attorney-General has been asked to publish the advice he provided to the Government in respect of the legality of military action in Iraq. It is not therefore possible to provide a comprehensive answer to the hon. Member's question. The following information is available. Since the Attorney-General made his statement on 17 March 2003 setting out his view of the legal basis for the use of force against Iraq: (a) four parliamentary questions have been tabled asking if I will publish the Attorney-General's advice. Three of these questions were posed by the hon. Member himself (on 26 March, 21 May and 22 October 2003). The fourth question was put by the hon. Member for Liverpool, Walton (Mr. Kilfoyle) on 24 March 2003; (b) the Attorney-General has received four letters from members of the general public asking him to publish his advice. The hon. Member for North-West Hampshire (Sir George Young) also wrote to the Attorney-General enclosing a letter from one of his constituents asking for disclosure of the advice; and (c) the Lord Alexander of Weedon has written to the Attorney- General requesting disclosure of his advice. The reply on all these occasions was to decline the request. The reason given was that there is a long-standing convention, adhered to by successive governments, that advice which the Law Officers have given to Government is not publicly disclosed. This is to enable the Government, like everyone else, to obtain full and frank legal advice in confidence.


Secondary information

Type
Written question
Reference
133314; 411 c693-4W;411 c699W
Session
2002-03
Subjects
Disclosure of information Armed conflict Iraq Legal opinion International law
Contains statistics
Yes
Link
View this Written question on www.publications.parliament.uk