– in the House of Commons at 1:47 pm on 29 September 2020.
Bob Neill
Chair, Justice Committee, Chair, Justice Committee
1:47,
29 September 2020
On a point of order, Mr Speaker. I wish to raise what I submit is an important issue concerning the extent and interpretation of the Law Officers’ convention in relation to questions and answers given in this House. On Thursday last week, I asked the Attorney General for information on what support she had had from officials, Treasury counsel and others in relation to the preparation of a statement on the Government’s legal position on to the United Kingdom Internal Market Bill and the withdrawal agreement, which was published to Select Committee Chairs on
I submit that it is very clear from “Erskine May” that the application of the convention is strictly and deliberately circumscribed so as to limit it to protecting the giving of legal advice or opinions by the Law Officers to the Government. I submit that the publication of a statement of the Government’s opinion on the legal position cannot be advice given to the Government, and therefore the convention cannot apply to it. If that be the case, I ask for your guidance, Mr Speaker, on whether the Attorney General was in order in relying upon the convention, and how I might elicit the information that I was seeking.
Lindsay Hoyle
Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, House of Commons Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Committee on the Electoral Commission
I am grateful to the hon. Member for that point of order, and for giving me notice of it. Ministers are, of course, responsible for the answers that they give, but I can help him in some respects. It seems to me that he states the convention as reflected in the ministerial code accurately. A Law Officer can choose to make their advice public, as has happened in the instance to which he referred, and, as my predecessors have ruled, the rules of the House are in no way involved should they choose to do so, as is stated in “Erskine May”.
It is out of order to ask a question that seeks an opinion on a question of law, but I can confirm that the question that the hon. Member asked did not infringe that rule. He is entitled to table further questions to pursue what he considers to be an unsatisfactory answer. I have no doubt that he will do so with great urgency.
Gregory Campbell
Shadow DUP Spokesperson (International Development), Shadow DUP Spokesperson (Cabinet Office)
On a point of order, Mr Speaker. Can you advise hon. Members whether the Secretary of State for Northern Ireland has given an indication that he will come before the House to make a statement regarding the announcement this morning from the Public Prosecution Service for Northern Ireland that there would be no further prosecutions of soldiers in relation to the events known as Bloody Sunday? The outcome of that has been that campaigners are now indicating, even though it is almost 50 years after the event, that they intend to seek a judicial review into these issues rather than into the murder of police officers three days before Bloody Sunday, even though that has never been investigated or inquired into at all.
Lindsay Hoyle
Speaker of the House of Commons, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, Speaker's Committee for the Independent Parliamentary Standards Authority, Chair, House of Commons Commission, Chair, Speaker's Committee on the Electoral Commission, Chair, Speaker's Committee on the Electoral Commission
I am grateful to the hon. Gentleman for giving me notice of his intention to raise this matter. As he knows, that is not a point of order for the Chair, but the House and the Government Front Benchers in particular will have heard what he had to say. I would be disappointed if there is not a statement coming forward on this very important matter. I think it is very, very important to the House, and that information should be coming here.
As there are no further points of order, to ensure the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I suspend the House.
Sitting suspended.
Virtual participation in proceedings concluded (Order,
The Attorney General, assisted by the Solicitor General, is the chief legal adviser to the Government. The Attorney General also has certain public interest functions, for example, in taking action to protect charities.
The Attorney General has overall responsibility for The Treasury Solicitor's Department, superintends the Director of Public Prosecutions as head of the Crown Prosecution Service (CPS), the Director of the Serious Fraud Office (SFO) and the Director of Public Prosecutions in Northern Ireland. The Law Officers answer for these Departments in Parliament.
The Attorney General and the Solicitor General also deal with questions of law arising on Government Bills and with issues of legal policy. They are concerned with all major international and domestic litigation involving the Government and questions of European Community and International Law as they may affect Her Majesty's Government.
see also, http://www.lslo.gov.uk/
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
