This House of Lords Library Briefing provides a brief overview of the role of the law officers and the convention on the publication of their legal advice to government in light of recent demands for the Government to publish the legal advice that is has been given regarding Brexit and the withdrawal agreement.
Publishing Government Legal Advice (231 KB , PDF)
In the UK, law officers of the crown are responsible for providing legal advice to the government. Successive governments have observed a long-standing convention that the advice they receive from law officers is not disclosed outside government. This House of Lords Library Briefing provides a brief overview of the role of the law officers and the convention on the publication of their advice. It also gives examples of how the Government has referred to the convention in response to calls for it to make public the full advice that it had received from law officers. The final section discusses demands for the Government to publish the legal advice that it has been given regarding Brexit.
Over recent weeks, there have been repeated calls—including from Labour, the Liberal Democrats, the Democratic Unionist Party (DUP) and a former Secretary of State for Exiting the European Union—for the Government to publish in full the legal advice it has received about its proposed Brexit deal. On 13 November 2018, a binding motion for a return was agreed without division in the House of Commons, calling for “any legal advice in full, including that provided by the Attorney General, on the proposed withdrawal agreement on the terms of the UK’s departure from the European Union including the Northern Ireland backstop and framework for a future relationship between the United Kingdom and the European Union” to be laid before Parliament.
The Government published a “full reasoned position statement” setting out its legal position on the Brexit deal on 3 December 2018—the day before the Commons began its debate that will culminate in the ‘meaningful vote’ on the deal—and the Attorney General made a statement and took oral questions in the Commons. However, on 4 December 2018 the House of Commons narrowly voted in favour of finding the Government in contempt of Parliament for failing to comply with the 13 November motion, and ordered the Government to publish the Attorney General’s full legal advice immediately. The following day, the Government published the advice that the Attorney General had presented to Cabinet on 14 November 2018 on the legal effect of the withdrawal agreement. The Government argued that this should not set a precedent for any future release of law officers’ advice.
Publishing Government Legal Advice (231 KB , PDF)
The prime minister’s trade envoys are a network of parliamentarians appointed to engage with countries where the UK government has identified trade and investment opportunities. There were 35 trade envoys covering 58 markets as of 16 May 2024. The government has said trade envoys support the UK’s economic growth by promoting trade in key markets. However, some parliamentarians have sought clarity on aspects of the trade envoy programme.
The High Streets (Designation, Review and Improvement Plan) Bill is a private member’s bill sponsored by Lord Whitby (Conservative). It would require local authorities in England to designate at least one street or network of streets in their area as a high street. Authorities would then need to prepare and publish an improvement plan for each designated high street area. The bill has passed the House of Commons and has government support.
The Post Office (Horizon System) Offences Bill is due to have its second reading in the House of Lords on 13 May 2024. The bill seeks to fulfil the commitment made by Prime Minister Rishi Sunak on 10 January 2023 to quash the convictions of those convicted as a result of the Horizon scandal. It would extend and apply to England and Wales, and Northern Ireland. Its provisions would come into force at royal assent. During committee stage the bill was extended to Northern Ireland. There have also been calls for it to be extended to Scotland. The bill has received cross-party support but is controversial as the quashing of convictions by Parliament is unprecedented. In addition, concerns about the scope of the bill have been raised. The bill would not include individuals whose convictions were previously upheld by the Court of Appeal.
