Appendix 4
Copy of a letter from Rt Hon The Lord Goldsmith
QC, Attorney General, to Rt Hon Alan Beith MP, Chairman, Constitutional
Affairs Select Committee
I have seen the Lord Chancellor's letter to you of
6 December.
I think I ought to make one matter clear to avoid
any further confusion. The office of Attorney General is a particular
one in which a number of responsibilities are exercised independently
of other members of government. That includes decisions in relation
to prosecutions. All of this is, I hope, now well understood.
This means that such decisions are not the subject of the normal
cross-governmental decision-making process. It means that the
doctrine of collective responsibility does not apply to such decisions.
It has the further consequence that no-one other than the Attorney
General can speak for him as to how he will fulfil his duties
and no-one can give any assurance as to how the role will be performed
in any given circumstance.
I have no doubt that the Lord Chancellor was seeking
to be helpful to you when he gave evidence in offering his views
as to how I might act in given circumstances. However, I know
the Lord Chancellor well understands that he was not in a position
to give an "assurance", as you have termed it, as to
how I would act. No other Minister, however distinguished or senior,
has the ability to bind the Attorney General in how he exercises
his role.
Accordingly I would invite the Committee, if it wishes
to know how I would act in relation to my responsibilities, to
have regard solely to the statements I have made on this topic,
which as you may know, have been supported by former Law Officers
both Labour and Conservative.
I trust this has clarified the position.
I copy this letter to the Lord Chancellor.
7 December 2006
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