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.
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:
First Treasury Counsel is appointed on the basis that:
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.