Downing Street has reiterated Prime Minister Sir Keir Starmer's "absolute confidence" in Attorney General Lord Richard Hermer KC, following criticism of his legal advisories and the bureaucratic impact they may have on government policy.
Recent weeks have seen Lord Hermer embroiled in controversy as reports surfaced claiming his tightened legal guidance has led to substantial frustration among cabinet ministers. According to The Times, concerns were raised by several ministers who felt he was slowing down legislation due to changes he implemented on how lawyers should assess legal risks associated with proposed policies.
Last year, Lord Hermer mandated government lawyers to inform ministers if they deemed any policy to be unlawful—a move some insiders claim has created apprehension inside various departments. A government source expressed to Sky News’ deputy political editor, Sam Coates, their dissatisfaction, stating, "Departments are nervous the attorney general is actually making rulings on things,” and added, “This can complicate decision making. We just want him as often as possible not to make definitive judgements.”
Despite this backlash, the Prime Minister’s spokesperson defended Lord Hermer, emphasizing his role is to guider rather than hinder. They stated, “There is absolute confidence in him.” The spokesperson continued, underscoring the potential ramifications of ignoring legal advice, particularly how inadequate legal engagement can lead to judicial reviews, significant delays, and rising costs for taxpayers. "Failing to do so leads to judicial reviews which delay projects, routinely cost taxpayers tens of millions of pounds and end up blocking exactly the type of major new infrastructure the country desperately needs,” the spokesperson added.
Political observers remarked on the intricacy of the situation, noting the delicate balance Lord Hermer must maintain between ensuring adherence to the law and the government's need for swift, effective action. His appointment last year followed Labour’s overwhelming electoral victory and came with high expectations as he transitioned from his prior role as counsel at Doughty Street Chambers.
Hermer’s revisions to legal guidance drew criticism from former cabinet ministers who previously indicated dissatisfaction with what they viewed as overly cautious legal advice. His predecessor, Suella Braverman, had argued government lawyers were too hesitant, which hindered policy advancement. A notable shift has occurred with Lord Hermer's more risk-averse approach: he has urged ministers to propose court arguments only as a last resort if they are likely to fail, broadly seen as exacerbated caution.
The attorney general’s previous connections to Gerry Adams, the erstwhile leader of Sinn Fein, have stirred additional scrutiny over potential conflicts of interest. Reports about his legal representation of Adams have prompted Conservative calls for investigatory measures by Cabinet Secretary Sir Chris Wormald, particularly concerning Hermer's involvement and representation related to the Legacy Act, which prevents compensation for individuals interned without trial during the 1970s.
Lord Hermer acknowledged the complex nature of these accusations and confirmed he has recused himself from advising the government on certain matters to avoid conflicts. While upholding his roles, he defended this stance by asserting there exists a rigorous system to handle such situations and emphasized his department's commitment to cautious legal practice.
On the compensation issue related to Adams, Lord Hermer mentioned he represented Adams on unrelated matters, yet transparency purposes prompted critiques since he had previously received £30,000 for legal work on behalf of Adams against victims of IRA bombings. Solicitor General Lucy Rigby defended the ethical integrity of Lord Hermer’s actions by highlighting the principle within the British legal system requiring barristers to accept available, qualifying instructions regardless of their clients.
While the criticism grows, Downing Street remained adamant about defending Hermer's leadership, indicating they would not engage anonymously sourced briefings, asserting instead, “The Attorney General is getting on with the important work of Government.” This view reinforces the Labour government’s commitment to revising regulations and ensuring proactive adherence to legal standards, especially concerning initiatives needing rapid governmental support.
Reflecting on these complex dynamics even as grumbles resurface among ministers, the struggle between legal caution articulated by Lord Hermer and the political desire for expedited governance appears poised to be of pivotal relevance for upcoming legislative agendas.