division_name: Orders of the Day &#8212; New Clause 32 &#8212; Independent legal advice
motion: <p pid="c.405.1/1" pwmotiontext="yes">'(1) Before making an order under section [Power to declare reserve power exercisable] the Secretary of State must obtain for the purposes of sections [Notification of chairmen of certain committees] and [Statement to be laid before Parliament] independent legal advice as to whether the Secretary of State can properly be satisfied of the matters mentioned in section [Statement to be laid before Parliament](2).</p>
  
  <p pid="c.405.1/2" pwmotiontext="yes">(2) "Independent legal advice" means advice from a lawyer other than a government lawyer.</p>
  
  <p pid="c.405.1/3" pwmotiontext="yes">(3) A "lawyer" means&#8212;</p>
  
  <p pid="c.405.1/4" pwmotiontext="yes">(a) as respects England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);</p>
  
  <p pid="c.405.1/5" pwmotiontext="yes">(b) as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate;</p>
  
  <p pid="c.405.1/6" pwmotiontext="yes">(c) as respects Northern Ireland&#8212;</p>
  
  <p pid="c.405.1/7" pwmotiontext="yes">(i) a barrister (whether in practice as such or employed to give legal advice); or</p>
  
  <p pid="c.405.1/8" pwmotiontext="yes">(ii) a solicitor who holds a practising certificate.</p>
  
  <p pid="c.405.1/9" pwmotiontext="yes">(4) Until the commencement of the relevant provisions of the Legal Services Act 2007, the following is substituted for subsection (3)(a)&#8212;</p>
  
  <p pid="c.405.1/10" pwmotiontext="yes">"(a) as respects England and Wales&#8212;</p>
  
  <p pid="c.405.1/11" pwmotiontext="yes">(i) a barrister (whether in practice as such or employed to give legal advice);</p>
  
  <p pid="c.405.1/12" pwmotiontext="yes">(ii) a solicitor who holds a practising certificate; or</p>
  
  <p pid="c.405.1/13" pwmotiontext="yes">(iii) a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the Courts and Legal Services Act 1990);".</p>
  
  <p pid="c.405.1/14" pwmotiontext="yes">(5) A "government lawyer" means a lawyer who holds, or has held, an office (other than judicial office) or employment under the Crown.</p>
  
  <p pid="c.405.1/15" pwmotiontext="yes">(6) If an order under section [Power to declare reserve power exercisable] is made the Secretary of State must lay before Parliament at the same time as the statement required by section [Statement to be laid before Parliament] a copy of the advice obtained under this section.</p>
  
  <p pid="c.405.1/16" pwmotiontext="yes">(7) If it appears to the Secretary of State that the advice contains material whose disclosure&#8212;</p>
  
  <p pid="c.405.1/17" pwmotiontext="yes">(a) would be damaging to the public interest, or</p>
  
  <p pid="c.405.1/18" pwmotiontext="yes">(b) might prejudice the prosecution of any person,</p>
  
  <p pid="c.405.1/19" pwmotiontext="yes">the duty of Secretary of State under subsection (6) is to lay before Parliament a copy of a version of the advice, provided by or agreed with the independent legal adviser, that does not contain such material.'.&#8212;<i> [Mr. McNulty.]</i></p>
  
  <p class="italic" pid="c.405.1/20" pwmotiontext="yes"> Brought up, and read the First time.</p>
  
  <p pid="c.405.1/21" pwmotiontext="yes"><i> Question put,</i> That the clauses be added to the Bill:&#8212;</p>
  
  <p pid="c.405.1/22" pwmotiontext="yes"><i> The House divided:</i> Ayes 315, Noes 306.</p>