I am afraid I do not know the answer to that question, but I will certainly look into the matter for the right hon. Gentleman.
In line with the Prime Minister’s constitutional role as head of the Government, the Prime Minister is responsible for matters relating to the Executive. That point has been raised by several Opposition Members concerning the justiciability of the ministerial code. The ministerial code and its application are a matter for the Executive, and the Government do not consider that it would be appropriate to legislate for the ministerial code or for the office of the independent adviser. As soon as one legislates in that way, one opens the matter up to judicial review and judicial intervention.
Codifying aspects of the constitution in that way would inevitably constrain our ability as a country to flex and evolve our constitution over time. It would also increase the risk, which as a former Attorney General and Solicitor General is one of my principal concerns, of the judiciary’s being drawn into political matters that are not suitable for judicial review. They would be reviewing the fact that a Prime Minister has said, “I have confidence in X”, and a judge would, by necessity, be being asked to say that the Prime Minister should have confidence in X or they should not have confidence in X—the judge would be substituting his or her view for that of the Prime Minister. We want to protect the judiciary from being politicised in that way, which is another key flaw in Labour’s proposals.