Society blog

Talk of the town

8 Feb 12

Some thoughts against the background of the mergers dominating the legal news

2011 reflections

21 Dec 11

The economic outlook remains poor, but other developments await in the coming year

Offer them hope

2 Dec 11

Message needed for the young in troubled times

View from Wick

18 Oct 11

Austin Lafferty's faculty visit to Caithness

ABS lift-off

14 Oct 11

Society wants to share draft handbook with those interested in setting up in Scotland

2020 vision

23 Sep 11

Society's objectives set out for today's SGM

Conference call to action

8 Sep 11

"One Profession" event highlights opportunities in the years ahead

Discrimination: bad for business

1 Jun 11

Society will lead in tackling negative perceptions of the profession by ethnic minority solicitors

Dealing with the new Parliament

12 May 11

Society wants to continue constructive relationship in dealing with legal issues

The AGM and the constitution

17 Mar 11

The constitution could do with updating even as regards participation in the meeting

Editors Blog

The politics of advice

6 Nov 09
Advice should be public, and advisers should be given some leeway, on matters of public interest

Government has to take tough decisions. It will want to act on the best advice available. When, as is regularly the case, those decisions attract controversy, what should we be told about the advice given, especially if the decision goes against the advice? And what should the advisers be allowed to say on the subject?

The row over the sacking of Government drugs adviser Professor David Nutt has not, it seems to me, shown anyone involved in the best light. Home Secretary Alan Johnson is cast in the role of the suppressor of an objective and independent scientific viewpoint, and as dismissing someone who dared to disagree with him.

At the same time Professor Nutt has been rather pushing his luck in criticising policies with which he disagreed. Is it helpful, for example, to compare taking ecstasy with horseriding in looking at relative causes of death, when the latter is a legal activity open to anyone? Not obviously a scientific approach, I would have thought.

Probably in the result the Government has simply inflamed the debate further because of the dismissal. It should certainly be prepared to engage fully in justifying its policies, rather than taking the big stick approach.

Advisers should remember whose job it is to take the decisions, and that wider considerations than the purely scientific may legitimately come into play. But they should be allowed some leeway, and on this issue, as with most others, the public interest is likely to be best served by full and open debate. That, after all, tends to show up anyone who stands on shaky ground.

On a different subject, but also concerning advice to Government, on what basis does the Scottish Government defend its proposed minimum price for a unit of alcohol against the charge that it conflicts with European competition law, especially in the wake of the Advocate General's opinion in the tobacco case? Although there are additional sensitivities concerning legal advice, MSPs who will have to vote on the policy deserve the best information available, especially given the amount of lobbying from powerful vested interests. Should we not be given a full statement of the Government's legal position?

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