Question to the Cabinet Office:

To ask His Majesty's Government, further to the answer by Baroness Neville-Rolfe on 12 March (HL Deb col 1904), what were the specific grounds for approval of the legal expenses of the Secretary of State for Science, Innovation and Technology.

In line with the established practice under multiple administrations of all political colours, Ministers are provided with legal support and representation where matters relate to their conduct and responsibilities as a Minister.

As set out in Chapter 6 of the Cabinet Manual, Ministers are indemnified by the Crown for any actions taken against them for things done or decisions made in the course of their ministerial duties. The indemnity covers the cost of defending any proceedings, as well as costs or damages awarded against the minister. Decisions about whether to provide legal support are made by the relevant department’s Accounting Officer, as happened in this case.

This reflects an important principle that Ministers should be able to carry out their official duties, supported by official advice, in a way which they see fit, without the risk of personal liability constraining their ability to take those official actions. Of course, Ministers remain accountable to Parliament and the wider public for their actions as a Minister.

It would have a chilling effect on public life if Ministers faced the prospect of personal financial harm from those seeking to pressure the Government through vexatious or hostile litigation (or the threat thereof).

More broadly, the principle of legal support from the public purse for official duties is not confined to government. I would observe that there is insurance available to members of the House of Commons, provided by that House at taxpayers’ expense, designed to protect those members when carrying out parliamentary and constituency duties. This includes professional indemnity insurance that covers defamation. I also note that the House of Lords Commission recently agreed in principle to provide professional indemnity insurance to members of this House.