Oral Answers to Questions — Attorney-General – in the House of Commons at 12:00 am on 1 March 1993.
Mr Gareth Wardell
, Gower
12:00,
1 March 1993
To ask the Attorney-General if he will list his statutory powers to take legal action against Government Departments for breaches of the law.
Sir Nicholas Lyell
Attorney General (Law Officers)
My powers to take action for breaches of the law, whether ex officio or at the relation of a citizen, are founded in common law.
Mr Gareth Wardell
, Gower
Given that the Attorney-General's authority is derived from common law, will he explain why he has never permitted a citizen of this country to take civil action in the courts against a Minister or Government Department, and why he is unwilling to explain his reasons for such a refusal?
Sir Nicholas Lyell
Attorney General (Law Officers)
I am not sure that the premise of the hon. Gentleman's question is right. When I lend my name in a relator action to a citizen in order to bring proceedings—whomsoever they are against—I review the matter dispassionately and carefully, in accordance with the law and the strength of the case that the citizen puts before me.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
