Treasury Counsel

(asked on 9th June 2022) - View Source

Question to the Attorney General:

To ask the Attorney General, if she will publish the (a) description of responsibilities and (b) terms of reference under which the First Treasury Counsel is currently employed by her Department.


Answered by
Suella Braverman Portrait
Suella Braverman
This question was answered on 15th June 2022

First Treasury Counsel is a senior self-employed advocate who undertakes civil litigation and advisory work for all Government departments. The Attorney General appoints First Treasury Counsel through a fair and open competition. First Treasury Counsel’s responsibilities are:

  • To be the Government’s main advocate in civil litigation affecting the Crown. First Treasury Counsel has responsibility for dealing with the wide range of litigation affecting the Government. First Treasury Counsel will help to shape the way that the Government handles its litigation and as a result will help to shape the way that public law develops.
  • To advise civil servants and Ministers in conference and in writing.
  • To play a key role in leading the Attorney General’s panels and to participate in the selection of panel members.
  • To speak at training events and conferences for members of the Government Legal Service.
  • To play an important role in advising the Government. It is therefore important that First Treasury Counsel is able to give sound, practical and robust legal advice to Ministers and can inspire their confidence.
  • To appear before a wide range of Courts in some of the most important public law cases of the day. First Treasury Counsel must be able to inspire the Judiciary’s confidence both as regards legal ability and integrity.

First Treasury Counsel is appointed on the basis that:

  • They must do exclusively Government work for the duration of their appointment;
  • No particular level of work or remuneration is guaranteed;
  • They are self-employed;
  • They must have dedicated administrative support within their chambers/office to support a very busy and varied practice as First Treasury Counsel; and
  • The period of appointment is indefinite and terminable by either side at any time.

Whether and how often the Attorney General seeks and receives external legal advice relates to her function as a Law Officer and chief legal adviser to the Government. It is a longstanding convention, accepted by governments of all parties, not to disclose whether the Law Officers have been asked to give legal advice, have given legal advice, or the contents of any such advice.

This convention protects the Law Officers’ ability to give full and frank legal advice on some of the most contentious and difficult issues the Government may consider.

Within the limits of that convention, it is possible to say that, due to the volume and significance of the litigation and legal issues where First Treasury Counsel is instructed for the government, the Attorney General or the members of her Office have frequent contact with First Treasury Counsel.

The Attorney General and the Attorney General’s Office are subject to the same requirements and oversight in relation to the use of public funds as any other minister or Government department, as set out in the relevant guidance from HM Treasury.

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