Khawar Qureshi QC considers the changing role of the attorney general
In the aftermath of the controversy generated in the past five years concerning the attorney general's (AG) opinion which was used to provide legal cover for the invasion of Iraq in March 2003, the role of the AG in the termination of the BAE investigation in December 2006, and last year, the “cash for honours” issue, public confidence in the office of the AG is seen by many to have plummeted.
To his credit, the new Prime Minister, Gordon Brown announced within days of taking office in June 2007 that:
“…the role of the attorney general, which combines legal and ministerial functions, needs to change. While we consult on reform, the attorney general has herself decided, except if the law or national security requires it, not to make key prosecution decisions in individual criminal cases”.
This was soon followed by a consultation paper entitled The Governance of Britain —A Consultation on the Role of the Attorney General (the Consultation Paper).
In March 2008, the government set out proposals to modify
