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Written question asked by Llew Smith (Labour) on Tuesday, 13 May 2003, in the House of Commons. It was due for an answer on Wednesday, 21 May 2003. It was answered by Baroness Harman (Labour) on Wednesday, 21 May 2003 on behalf of the Solicitor General.


Solicitor-General

Question
To ask the Solicitor General, if the Government will publish the advice tendered by the Attorney General (a) in respect of the legal basis for invading Iraq and (b) the post war reconstruction arrangements in Iraq. - Includes fact that will not publish. (Holding answer 20 May 2003).
Answer

Llew Smith: To ask the Solicitor General if the Government will publish the advice tendered by the Attorney General (a) in respect of the legal basis for invading Iraq and (b) the post war reconstruction arrangements in Iraq. [114077] The Solicitor-General: [holding answer 20 May 2003]: No. As the hon. Member is aware from my answer to him on the 26 March, by long-standing convention, observed by successive Governments, the fact of and content of Law Officers' advice to the Government is not disclosed outside Government. This is reflected in paragraph 24 of the Ministerial Code. The Law Officers' advice to Government is given in confidence. Exceptionally, the Attorney provided a written answer to Baroness Ramsey in the House of Lords on 17 March in which he set out his views on the legal basis for the armed conflict against Iraq. I repeated that answer in this House on the same day. Hon. Members will also know that the Foreign Secretary submitted a document to the Foreign Affairs Committee on 17 March dealing with the legal basis for the armed conflict against Iraq. Furthermore, on the 22 April in a letter to the Foreign Affairs Committee the Foreign Office set out the scope and authority of an occupying power under international law.


Secondary information

Type
Written question
Reference
114077; 405 c795W
Session
2002-03
Subjects
Disclosure of information Armed conflict Attorney General Iraq Legal opinion International law Reconstruction Iraq conflict
Link
View this Written question on www.publications.parliament.uk