Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, whether it is the Government's policy to pay (a) legal costs and (b) damages in relation to allegedly defamatory comments made by Ministers.

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.

Statistics relating to costs of settling claims, costs of legal support, and the number of times the provision of legal support has been authorised or declined are not maintained by the Cabinet Office. Funding for appropriate legal costs, including any out-of-court settlements, would be met by the relevant department's budget.

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 the proceedings, as well as any costs or damages awarded against the minister. Decisions about whether to provide legal support are made by the relevant department’s Accounting Officer.

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 MPs provided by the House at taxpayers’ expense, designed to protect hon. 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 is due this week to discuss the provision of professional indemnity insurance to peers.