Calls for clarity over which matters Attorney General recused himself from
Lord Hermer accused of ‘marking his own homework’ after he told peers he had stepped back from advising ministers on certain policies
The Government has come under renewed pressure to reveal which matters the Attorney General has recused himself from advising ministers on, over links to his previous legal work.
The Conservatives said the information provided by Lord Hermer KC was not transparent enough, after he told the House of Lords he had withdrawn from giving advice on “certain matters” due to potential conflicts of interest.
In recent weeks, questions have been raised about whether Lord Hermer’s previous work – including representing former Sinn Fein leader Gerry Adams – could result in problems in his work as the Government’s top legal adviser.
Conservative shadow solicitor general Helen Grant said: “The Attorney General has admitted recusing himself from certain matters. He has also maintained absolute silence about which matters they may be. In these circumstances, we must ask ourselves is this the level of transparency our democracy demands.
“I therefore ask the Solicitor General what safeguards exist when the Attorney General’s past clients and present duties overlap?”
Ms Grant asked if there was any independent scrutiny of his decisions, or whether Lord Hermer was “marking his own homework”.
Solicitor General Lucy Rigby had said MPs were mistaking barristers for those they represented. She added: “Barristers are not their clients, in the same way that surgeons are not their patients.
“This is a foundational principle of the British legal and judicial systems, and they ought not to undermine it.”
She said to Ms Grant: “The Attorney General’s Office (AGO) has rigorous and longstanding processes in place.
“Upon appointment the AGO compiles a list of matters in which the law officer has previously been involved, and this is done by searching cases cross-referencing with information obtained by the law officers, chambers or firm, and working through the list with the law officers themselves.”
Responding to sounds of dissatisfaction from Conservative benches, Ms Rigby said: “They groan, but client confidentiality is a fundamental principle,” before branding their criticism “absolutely ridiculous”.
She added: “As the shadow solicitor general knows, the attorney cannot publish a list of his former clients due to client confidentiality. The attorney has already indicated in the other place that he has recused himself from matters, and the law officers’ convention prohibits me from listing which matters these are.”
Conservative MP Jack Rankin (Windsor) asked whether she agreed with three former law officers who told the Telegraph they thought it was wrong that Lord Hermer had not declared any earnings from his legal work since his appointment as a minister last year. Money can be paid for legal work long after it has taken place.
Ms Rigby said he had followed rules for the House of Lords, which differ from the House of Commons on the declaration of earnings. She added: “The attorney ceased all private practice following his appointment as Attorney General.”
Last week, the Attorney General told peers there was a “rigorous system” in place for dealing with such instances and insisted his department “will always err on the side of caution”.
He pointed out the law officers’ convention prevented him from saying which matters he had advised on and where he had recused himself.
The Conservatives have requested an investigation by Cabinet Secretary Sir Chris Wormald in relation to Lord Hermer, including on the “representation of Gerry Adams in matters related to the Legacy Act”.
Lord Hermer recently said he represented Mr Adams on “something unconnected” to the Act, and also represented the family of a young British soldier murdered by the IRA in the 1970s.
