In a decisive move, the UK’s most senior civil servant has rejected Conservative party demands to investigate alleged conflicts of interest surrounding Attorney General Richard Hermer. The shadow justice secretary, Robert Jenrick, had called for an inquiry into Hermer’s past work as a human rights barrister, during which he represented clients such as former Sinn Féin leader Gerry Adams. However, Cabinet Secretary Chris Wormald dismissed these requests, asserting that rigorous systems are already in place to prevent the Attorney General from advising on issues where conflicts may arise.
Politically Motivated Attacks
Senior legal figures, including former Tory Attorney General Dominic Grieve, have denounced the attacks against Hermer as politically motivated. They argue that attempts to link Hermer’s current role with his previous clients are a cynical ploy by the opposition. Solicitor General Lucy Rigby assured the House of Commons that the Attorney General’s office has strict protocols to ensure Hermer recuses himself in cases of potential conflicts.
“Robert Jenrick is trying to mount a campaign denigrating the law officers and the rule of law within government, and arguing that Keir Starmer has sold out to lefty lawyers.”
– Dominic Grieve, Former Conservative Attorney General
Jenrick’s Demands Dismissed
Jenrick had specifically asked the Cabinet Secretary to establish whether Hermer had advised the government on repealing the Legacy Act and allowing a group of stranded Sri Lankan asylum seekers in the Chagos Islands to enter the UK. While working as a barrister in 2023, Hermer represented Adams, who could potentially receive compensation if the Legacy Act is repealed, as well as the asylum seekers. However, Hermer clarified that his work for Adams was unrelated to legacy issues and highlighted his simultaneous representation of a British soldier’s family murdered by the IRA.
Transparent Recusals
Though the specific issues on which the Attorney General advises ministers are conventionally not made public, there are indications that Hermer is proactively recusing himself where necessary. A recent media notice about an ongoing public inquiry into unlawful killings by UK Special Forces in Afghanistan was issued by the Solicitor General rather than the Attorney General, suggesting Hermer stepped back due to his past work representing Afghan families in a related case.
“Barristers don’t have any personal interest in the people and cases they have represented in the past.”
– Vera Baird, Former Labour Solicitor General
No Evidence of Wrongdoing
Legal experts stress there is no evidence of any impropriety by Hermer. They point out that barristers frequently represent a wide array of clients throughout their careers, and their previous casework does not compromise their ability to serve as independent legal advisors to the government. As a public law specialist, Hermer may face greater scrutiny, but calls for him to give a running commentary on potential recusals are seen as unhelpful and inappropriate.
The Cabinet Secretary’s firm dismissal of demands to investigate the Attorney General’s alleged conflicts sends a strong message. It reaffirms the robust processes in place to manage potential conflicts, while allowing the government’s senior legal advisor to fulfill their crucial constitutional role without undue political interference or pressure to divulge privileged information. As Hermer navigates the challenges of his office, maintaining public confidence in his integrity and independence will remain paramount.
