The constitutional role of the Attorney General: fifth report of session 2006-07, report, together with formal minutes, oral and written evidence
The Stationery Office, Jul 26, 2007 - Law - 159 pages
This report identifies the inherent tension within the role of the Attorney General where political, ministerial functions have to balanced with the provision of independent legal advice and the supervision of the prosecution service. Although there is a need for accountability to Parliament and the public for the duties carried out, there is also a need for reform to ensure clear lines of responsibility and remove the suspicion of political pressure. The Committee therefore recommend that the duties of the Attorney General be split. The purely legal functions should be carried out by an official who is outside party political life, whilst a minister in the Ministry of Justice should carry out the ministerial duties.
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Recent Controversies around the Role of the Attorney General
Options for Reform
accountability to Parliament appointed Attorney Attorney General appeared Bob Neill Cabinet cash for honours Chairman considerations Constitutional Reform Act Convention corruption Court of Appeal criminal justice policy Crown Prosecution Service Date of Judgment David Howarth debate Department example exercise Falconer of Thoroton February 2007 Rt functions Government House of Commons House of Lords important independent issues Keith Vaz Law Officers lawyer legal advice legislation litigation Lord Advocate Lord Chancellor Lord Falconer Lord Goldsmith QC Lord Goodhart Lord Mayhew Lord Morris matters Mayhew of Twysden ministerial Ministry of Justice Morris of Aberavon national security OECD offences Outcome Parliamentary particular political politician position Prime Minister proceedings prosecutors public interest Public Prosecutions question Reform Act 2005 responsibility Robert Wardle Role in relation Rt Hon Lord Rule of Law Scotland Act Scotland Act 1998 Scottish Executive Serious Fraud Office Solicitor superintendence Tyrie unduly lenient upholding the Rule