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Written Answers
Thursday, 25 March 2004.
Law Officers' Advice to Government: Disclosure
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether responsibility for deciding whether to publish the opinion given to the Government by the Attorney-General on the legality of the invasion of Iraq is that of the Attorney-General or that of government.[HL1619]
The Lord President of the Council (Baroness Amos): Any decision to disclose legal advice provided by the Law Officers to the Government would be taken by the Government with the consent of the Law Officers, in accordance with paragraph 24 of the Ministerial Code.
There is a strong public interest in maintaining the confidentiality of Law Officers' advice. This is why there is a long-standing convention, adhered to by successive Governments and reflected in paragraph 24 of the Ministerial Code, that neither the fact that the Law Officers have advised on a particular matter, nor the substance of any advice they may have given is publicly disclosed. The purpose of the convention is to enable the Government to obtain frank and full legal advice in confidence. This is in the public interest so that governments take full and frank legal advice and act in accordance with the rule of law.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether they consider that the public disclosure of the opinions given to them by the Attorney-General about the legality of the invasion of Iraq would harm the public interest; and, if so, what harm they consider would arise.[HL1621]
Baroness Amos: There is a strong public interest in maintaining the confidentiality of Law Officers' advice. This is why there is a long-standing convention, adhered to by successive governments and reflected in paragraph 24 of the Ministerial Code, that neither the fact that the Law Officers have advised on a particular matter, nor the substance of any advice they may have given is publicly disclosed. The purpose of the convention is to enable the Government to obtain frank and full legal advice in confidence. This is in the public interest so that governments take full and frank legal advice and act in accordance with the rule of law.
Lord Lester of Herne Hill asked Her Majesty's Government:
- Whether they intend the terms of reference of the inquiry under the chairmanship of Lord Butler of Brockwell to include (a) instructions given by them to the Attorney-General; (b) the Attorney-General's advice on the legality of the invasion of Iraq; and (c)
- the use made by the Government of the Attorney-General's advice.[HL1624]
Baroness Amos: The Government intend the Review of Intelligence on Weapons of Mass Destruction chaired by Lord Butler of Brockwell to inquire into the matters referred to in their terms of reference, which have been published.
My right honourable friend the Foreign Secretary set out the terms of reference for Lord Butler's review on 3 February 2004 (Official Report, cols. 625–28). It is for Lord Butler to determine, within those terms of reference, the scope of his report.
Northern Ireland Department of Culture, Arts and Leisure: Cultural and Linguistic Diversity Funding
Lord Laird asked Her Majesty's Government:
- Whether the Northern Ireland Department of Culture, Arts and Leisure has since 2000 put funding in place for cultural diversity and linguistic diversity from its budgets; if so, to whom the funding was made available; how much was made available; and how much funding can be identified as for Irish or Ulster-Scots purposes.[HL1883]
Baroness Amos: Since 2000 DCAL has put the following funding in place for cultural diversity and linguistic diversity:
| Amount | Made available to | |
| 2000–01 | 2,345,000 | |
| Foras Na Gaeilge | ||
| Ulster-Scots Agency | ||
| Iomairt Cholm Cille (ICC) | ||
| 2001–02 | 3,327,500 | |
| Foras Na Gaeilge | ||
| Ulster-Scots Agency | ||
| Arts Council NI | ||
| Ultach Trust | ||
| ICC | ||
| Apprentice Boys of Derry | ||
| Old Museum Arts | ||
| Tinderbox | ||
| E. Tyrone (Marshalling training) | ||
| Young at Art | ||
| Football in the Community | ||
| Queen's Film Theatre | ||
| The Gathering | ||
| Cineversity | ||
| Down Community Arts | ||
| Lisburn Development Organisation | ||
| 2002–03 | 4,233,000 | |
| Foras Na Gaeilge | ||
| Ulster-Scots Agency | ||
| ICC | ||
| Armagh City and District Council | ||
| BDS Community Association | ||
| Best Cellars Music Collective | ||
| Oi-Kwan Womens Group | ||
| Replay Productions | ||
| Spamount and District Cross Community | ||
| Travellers Movement | ||
| The Cathedral Quarter Arts | ||
| The Nerve Centre | ||
| Apprentice Boys | ||
| Football in the Community | ||
| Tinderbox | ||
| Young at Art | ||
| Ballynafeigh Community | ||
| Development Association | ||
| Altnaveigh House Cultural Society | ||
| PUL | ||
| Rhythm in the City | ||
| 2003–04 | 5,266,000 | |
| Foras Na Gaeilge | ||
| Ulster-Scots Agency | ||
| ICC | ||
| Apprentice Boys |
Of this funding, approximately £3,900,500 was made available to organisations that could be considered to have some Ulster-Scots language or cultural dimension, and £10,998,500 was made available to organisations that could be considered to have an Irish language or cultural dimension.
Lord Laird asked Her Majesty's Government:
Baroness Amos: Yes. The funding formula is set by the Belfast Education and Library Board and is published by the board in its local management of schools (LMS) scheme. Where a board wishes to make a replacement scheme or make a significant variation of a previous scheme, it must consult the board of governors of every school covered by its existing scheme and the Council for Catholic Maintained Schools (CCMS) before finalising the replacement or variation scheme. Following consultation, it must be submitted to the department for approval.
Lord Windlesham asked Her Majesty's Government:
The Secretary of State for Constitutional Affairs and Lord Chancellor (Lord Falconer of Thoroton): I made a Statement to the House on 26 January 2004 setting out the Government's proposals relating to the transfer of the Lord Chancellor's judiciary-related functions. An explanatory document giving more detail was placed in the Libraries of both Houses titled Constitutional
Lord Lester of Herne Hill asked Her Majesty's Government:
The Minister of State, Foreign and Commonwealth Office (Baroness Symons of Vernham Dean): It is not the practice to disclose when and whether any particular legal advice was sought or given, and if so by whom, on specific occasions. Information concerning government legal advice is exempt from disclosure under exemptions 2 and 4(d) of the Code of Practice on Access to Government Information.
Lord Hylton asked Her Majesty's Government:
Baroness Symons of Vernham Dean: Around 150 prisoners are being held at Bagram, and fewer than 1,000 prisoners are being held at Jowzjan (also known as Sherbergan). The prisoners at Bagram are being held under the authority of the United States and those in Jowzjan under the authority of the Afghan Ministry of Justice. In both cases prisoners are held under Article 3 of the Geneva Convention. Their individual status is not being considered by a competent tribunal. Charges for war crimes or other crimes have not, to date, been brought against any of the detainees.
Lord Hylton asked Her Majesty's Government:
Baroness Symons of Vernham Dean: Improved international export controls are key to preventing small arms falling into irresponsible hands. The UK is
Russia has signed up to the OSCE's small arms and light weapons (SALW) document which requires the adoption of a series of principles to improve national controls over the export of SALW and for states to exchange information on legislation and current practice on export policy and procedures. Russia is also party to the Wassenaar arrangement's Best Practice Guidelines in the Exports of SALW that the UK was instrumental in securing in December 2002.
The 2003 report, Beyond the Kalashnikov is a balanced report and has been a helpful development in SALW transparency for the region. The report is available on the Small Arms Survey website:
www.smallarmssurvey.org/OPs/OP10RussianFederation.pdf.
Whether it is possible for the Belfast Education and Library Board to modify the funding formula set by the Education Department for each school.[HL1913]
Whether they will publish the concordat between the Lord Chancellor and the Lord Chief Justice of England and Wales on the framework for the future relationship between the Government and the judiciary.[HL1792]
When they first sought legal advice about the legality of an invasion of Iraq.[HL1779]
How many prisoners are being held in Afghanistan at (a) Bagram airbase, and (b) Jowzjan Prison; under what legal authority they are held; whether their individual status is being considered by a competent tribunal as required by the Geneva Convention; whether charges of war or other crimes are being brought in any case; and, if so, how many.[HL1843]
Whether they will take steps in intergovernmental fora to establish the best means for preventing Russian exports and existing stocks of small arms from falling into irresponsible hands; and what is their response to the 2003 report on this matter by Saferworld and others.[HL1922]
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