*/
The government was forced to publish the legal advice from the Attorney General on the controversial Brexit deal.
The six-page letter was published the day after MPs voted by 311 to 293 to find the government in contempt of Parliament for its failure to reveal the contents. The Attorney General, Geoffrey Cox QC, had previously published an overview, but argued that disclosing the full advice would compromise client confidentiality and be against the national interest.
The ministerial code states that neither the fact that the law officers have given advice, nor its content, may be disclosed outside government without ministers’ consent.
Andrea Leadsom, Leader of the House of Commons urged referral to the Privileges Committee for consideration of the motion in its ‘full constitutional and historical context’.
But lawyers were divided over the issue. The former Solicitor General, Lord Garnier QC, told BBC Radio 4’s Today programme: ‘It is a matter of convention that the law officers don’t disclose their advice – and it used to be the convention that they don’t disclose whether they had given advice on a particular issue.’
In The Guardian human rights barrister Geoffrey Robertson QC wrote: ‘There is no political “convention” more misguided and less examined than the supposed rule that legal advice to ministers must remain confidential.’ He said that public money is spent instructing counsel to provide an opinion on the law, which everyone is entitled to know.
Crossbench peer Lord Carlile said in The Times that as a matter of law, it is up to the client and there was no contempt of Parliament to refuse to publish privileged legal advice.
The government was forced to publish the legal advice from the Attorney General on the controversial Brexit deal.
The six-page letter was published the day after MPs voted by 311 to 293 to find the government in contempt of Parliament for its failure to reveal the contents. The Attorney General, Geoffrey Cox QC, had previously published an overview, but argued that disclosing the full advice would compromise client confidentiality and be against the national interest.
The ministerial code states that neither the fact that the law officers have given advice, nor its content, may be disclosed outside government without ministers’ consent.
Andrea Leadsom, Leader of the House of Commons urged referral to the Privileges Committee for consideration of the motion in its ‘full constitutional and historical context’.
But lawyers were divided over the issue. The former Solicitor General, Lord Garnier QC, told BBC Radio 4’s Today programme: ‘It is a matter of convention that the law officers don’t disclose their advice – and it used to be the convention that they don’t disclose whether they had given advice on a particular issue.’
In The Guardian human rights barrister Geoffrey Robertson QC wrote: ‘There is no political “convention” more misguided and less examined than the supposed rule that legal advice to ministers must remain confidential.’ He said that public money is spent instructing counsel to provide an opinion on the law, which everyone is entitled to know.
Crossbench peer Lord Carlile said in The Times that as a matter of law, it is up to the client and there was no contempt of Parliament to refuse to publish privileged legal advice.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
