Liberal Democrats demand Government publish legal advice following shambolic election U-turn

EMBARGO: 06:00 Tuesday 17th February 

The Liberal Democrats have today demanded that the Government publish the full legal advice behind its failed plan to delay local elections, after Ministers were forced into a humiliating u-turn just months before polling day.

Following months of Liberal Democrat pressure in Parliament, and the threat of successful legal action, the Government yesterday finally abandoned its proposal to postpone elections for 30 councils in May.

The party is calling for full transparency over how much taxpayers’ money was wasted on the "undemocratic" scheme and who authorised the move despite its clear legal flaws.

Liberal Democrat Leader Ed Davey has written to the Attorney General, Lord Hermer, alongside his Shadow Attorney General Ben Maguire MP and Local Government Spokesperson Zöe Franklin MP.

Liberal Democrat Leader Ed Davey MP said:

"The Liberal Democrats have stood against these delays from the start because we believe that democracy delayed is democracy denied. You cannot simply move the goalposts and silence millions of voters just because the Government is afraid of what the ballot box might say.

"This was a blatant attempt to subvert the democratic process. The public deserves to know how such an obviously undemocratic and unlawful plan was allowed to get this far. We are demanding the full publication of the legal advice provided to the Government, so the public can see exactly why this shambolic plan was ever allowed to see the light of day.”

Liberal Democrat Shadow Attorney General Ben Maguire MP added:

“This has been an absolute dog’s dinner, and the public deserves to know the truth. If it turns out that shoddy legal advice from the Attorney General almost cost four million people their right to vote in May, and cost the taxpayer in expensive legal fees during a cost-of-living crisis, his position will be untenable.”

ENDS

Notes to editor:

Full letter text below:

Dear Lord Hermer,

We are writing regarding the Government’s welcome decision to finally abandon its undemocratic proposal to delay elections for 30 councils after receiving legal advice that doing so would be unlawful.

This plan proceeded for months, only to be reversed just over two months before polling day.

Taxpayers will now foot the bill for the significant legal costs involved in a challenge which could have been entirely avoided. This raises serious questions about when legal advice was sought, what advice was given, and how Ministers were permitted to advance a policy now acknowledged to be unlawful.

Given your statutory role as the Government’s chief legal adviser, we would be grateful if you could clarify how this plan was able to proceed, and publish the legal advice you provided in full, so that Parliament and the public can properly scrutinise it.

The Liberal Democrats have opposed the delay to local elections at every turn, because democracy delayed is democracy denied. Liberal Democrat leader Ed Davey wrote to the Equalities and Human Rights Commission, arguing that Article 3 of the first protocol of the Human Rights Act spells out in black and white the right to free and fair elections. At a time when public trust in politics is fragile, the Government must demonstrate respect for the rule of law and uphold our proud history as a democracy.

You have utterly failed to do so, and the taxpayer will now pay the price. The public deserves answers.

We look forward to your swift response and the publication of your advice.

Yours sincerely,

Ed Davey Liberal Democrat leader

Ben Maguire Liberal Democrat Shadow Attorney General

Zöe Franklin Liberal Democrat Spokesperson for Local Government and Faith

Previous reporting on possible breach of human rights is here