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<p>In line with the established practice under multiple administrations of all political
colours, Ministers are provided with legal support and representation where matters
relate to their conduct and responsibilities as a Minister.</p><p> </p><p>Statistics
relating to costs of settling claims, costs of legal support, and the number of times
the provision of legal support has been authorised or declined are not maintained
by the Cabinet Office. Funding for appropriate legal costs, including any out-of-court
settlements, would be met by the relevant department's budget.</p><p> </p><p>As set
out in Chapter 6 of the Cabinet Manual, Ministers are indemnified by the Crown for
any actions taken against them for things done or decisions made in the course of
their ministerial duties. The indemnity covers the cost of defending the proceedings,
as well as any costs or damages awarded against the minister. Decisions about whether
to provide legal support are made by the relevant department’s Accounting Officer.</p><p>
</p><p>This reflects an important principle that Ministers should be able to carry
out their official duties, supported by official advice, in a way which they see fit,
without the risk of personal liability constraining their ability to take those official
actions. Of course, Ministers remain accountable to Parliament and the wider public
for their actions as a Minister.</p><p> </p><p>It would have a chilling effect on
public life if Ministers faced the prospect of personal financial harm from those
seeking to pressure the Government through vexatious or hostile litigation (or the
threat thereof).</p><p> </p><p>More broadly, the principle of legal support from the
public purse for official duties is not confined to government. I would observe that
there is insurance available to MPs provided by the House at taxpayers’ expense, designed
to protect hon. Members when carrying out parliamentary and constituency duties. This
includes professional indemnity insurance that covers defamation. I also note that
the House of Lords Commission is due this week to discuss the provision of professional
indemnity insurance to peers.</p><p><strong> </strong></p><p> </p><p> </p>
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