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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>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 any proceedings, as well as costs
or damages awarded against the minister. Decisions about whether to provide legal
support are made by the relevant department’s Accounting Officer, as happened in this
case.</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>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>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 members of the House of Commons, provided by that House
at taxpayers’ expense, designed to protect those 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 recently agreed in principle
to provide professional indemnity insurance to members of this House.</p><p> </p>
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