The Report of the Iraq Inquiry

676. MPs raised the issue of the Attorney General’s advice later that day when Mr Robin

Cook, Leader of the House of Commons, described the business of the House in the

week to follow.

677. Mr Eric Forth (Conservative) asked:

“Given that there is an increasing belief that the Attorney General’s advice may

well be against military action by this country, certainly if that takes place without

United Nations cover, may we please have a statement in the House by the Solicitor

General … as to the position with regard to the advice being given to the Prime

Minister and the Government by the Attorney General on the legality of military

action in Iraq?”266

678. Welcoming Conservative support for Mr Kennedy’s request for access to the

Attorney General’s advice, Mr Paul Tyler (Liberal Democrat) stated:

“… is it not right that the Law Officers are answerable to Parliament, not to the

Government of the day. Surely it must be an exceptional circumstance when very

important issues of international law are being challenged in the way implied by

the Secretary-General of the United Nations? Should there not be a second Security

Council resolution, is it not absolutely essential that the Law Officers make a

statement prior to any debate in this House?”267

679. Several MPs made reference to the authoritative work Parliamentary Practice

by Erskine May (see Box below).

Thomas Erskine May’s Parliamentary Practice is an authoritative source of information

and guidance on Parliamentary practice and procedure and British constitutional law.

The 22nd edition, current in 2001, contained the following paragraph entitled “Law officer’s

opinions”:

“The opinions of the law officers of the Crown, being confidential, are not usually laid

before Parliament, cited in debate or provided in evidence before a select committee,

and their production has frequently been refused; but if a Minister deems it expedient

that such opinions should be made known for the information of the House, he is

entitled to cite them in the debate.”268

680. Mr Andrew Mackay (Conservative) asked:

“… is it not very important indeed that the Prime Minister should let us see this legal