Civil Fraud Quarterly Round-Up: Q1 2021
Stephen Parkinson, senior partner and a partner in Kingsley Napley's Criminal Litigation team, was quoted in an article by The Times about the legal advice provided to ministers on Brexit.
Stephen Parkinson, senior partner at Kingsley Napley and
former deputy legal secretary to the law officers:
"This is one of those wholly exceptional situations in which the
full advice should be published. Parliament has been given the
responsibility to decide whether or not to accept the deal
brought back by Theresa May and it is essential that parliament
fully understands the legal impact of the deal before it votes on
it, The situation is similar to when a minister makes decisions –
there the ministerial code requires that they should be given the
complete text of law officers’ advice."
"But the impact of publishing the AG’s advice should also be
recognised. Publishing it will make it less likely that future
attorney-general will feel confident in giving honest and
forthright advice. Advice on complex issues such as this should
draw attention to, and weigh up, all the realistic different
interpretations of the text. Inevitably therefore proper advice
will include all necessary caveats and nuances. Unfortunately, if
future attorney-generals know that such advice will be
published in full, they will be more hesitant about what they
Click HERE to see the full article, subscription required.
If you should have any questions or require advice concerning Brexit related issues please visit our Brexit hub.
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