The Member has raised two issues. First, should I take my legal advice from the KC and senior counsel who are intimately engaged with the case or from an editorial of a newspaper? The answer to that should be clear even to the person who asked the question. I will base my decision on legal advice and not on opinion or editorialisation of the matter. There have been unhelpful mistruths and miscommunications on what has been asked. It would be helpful if people returned to the original judgement when looking at the matter.

In respect of my ability to take forward an appeal as Justice Minister, it is clear that I do not need Executive approval. At this stage, the decision is mine to make, because the primary finding was for DOJ and was therefore not a cross-cutting issue. However, I have recognised that the matter is of significant importance and have made Executive colleagues aware of the wider constitutional matters raised in the judgement and sought their point of view. I will take those views into account when considering the correct way forward.