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Law Officers must have Parliamentary approval to guarantee independence

December 18, 2006 12:00 AM

Commenting on the Attorney General's role in light of his recommendation that the Serious Fraud Office drop their investigation into BAE Systems, Liberal Democrat Shadow Attorney General, Simon Hughes MP said:

"In some other countries, law officers are much more independent of Government.

"It is time to reconsider whether law officers appointed by the Prime Minster and only able to be removed by the Prime Minister give the proper protection to their independent role in considering when criminal charges in England and Wales should be pursued.

"Liberal Democrats believe that the decision by the Attorney General to drop investigations into BAE corruption charges has made inevitable a review of the relationship between law officers and the Government.

"There may always be reasons for not continuing with a prosecution in the national interest, but these decisions should only be taken by people who are seen and believed to be entirely free from undue influence from the Government of the day.

"It is no criticism of the present Attorney General to say that the Prime Minister's Friday claim that he takes responsibility for the 'no-prosecution' decision has completely undermined the Attorney General's constitutional position.

"And the Prime Minster's clear admission that contracts and jobs were a factor in the decision has completely undermined our domestic law and principles and our international obligations which preclude the consideration of economic interests.

"There is now a very strong case for law officers to be nominated by Government but only appointed after approval by Parliament or a Select Committee of Parliament and capable of being removed by Parliament. This would give much greater and more visible guarantees of law officers' independence."

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