Government under fire over ‘conflict of interest’ concerns for Attorney General

The Government has refused to reveal which matters the Attorney General will recuse himself from advising ministers on, prompting suggestions that his position is not “tenable”.

Questions were raised over how Lord Richard Hermer KC’s previous work, including representing former Sinn Fein leader Gerry Adams, could result in possible conflicts of interest in his role as the Government’s top legal adviser.

Solicitor General Lucy Rigby said a “rigorous process” is in place for dealing with conflicts of interest and Lord Hermer will recuse himself from matters where there is such an issue.

She added the law officers’ convention does not permit her to reveal which matters the Attorney General has advised on and which matters he has 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 last week said he represented Mr Adams on “something unconnected to the Legacy” and also represented the family of a young British soldier murdered by the IRA in the 1970s.

The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 stopped former Troubles internees such as Mr Adams from seeking compensation, although the Labour Government has proposed repealing and replacing the legislation.

Shadow solicitor general Helen Grant, asking an urgent question (UQ), told the Commons: “The Attorney General previously represented former Sinn Fein leader Gerry Adams in a damages claim brought forward by victims of IRA bombings. Indeed, we know that he received £30,000 for that representation.

“The constitutional propriety of our legal system demands absolute clarity, clarity on how conflicts of interest with former clients are managed at the very highest levels of Government. This goes far beyond individual matters of advice, it strikes at the very heart of the proper administration of justice.”

Ms Rigby accused the Conservatives of a “really cynical linking” between Attorney General Lord Hermer and his former clients.

She said: “It is a central and well-understood aspect of the British legal system that she, I know, knows that barristers are required to accept instructions if they are available and qualified to do so. This is the well-known cab rank principle.

“She will also be very aware that, put simply, barristers are not their clients.”

Ms Rigby added: “There’s been a really cynical linking in recent days by the Opposition of the Attorney General with some of his previous clients. I grew up on military bases in armed forces communities in the 1980s.

“I remember what it felt like when my dad had to check underneath the car before we made every single journey and I note this because it’s the backdrop against which I say that I would defend with every fibre of my being the duty of any barrister in this country including Lord Hermer to defend any client before any court, as indeed we all should.”

Ms Rigby was born at an RAF military hospital in Germany and her father served in the Royal Engineers.

Conservative MP Ben Obese-Jecty (Huntingdon) said: “Given his previous work, both with regards to Gerry Adams and families of those making claims against UK special forces, on which matters will the Attorney General recuse himself from advising ministers owing to clear conflicts of interest?

“And if he is not able to fulfil the full scope of his role owing to his prior career, is his position even tenable?”

Ms Rigby replied: “I’m afraid I couldn’t be more clear. I’ve already said where the Attorney General has conflicts, he will recuse himself.”

The Solicitor General later said: “The law officers’ convention does not permit me to say in relation to which matters he has recused himself because in doing so I would reveal the matters to which the law officers have been asked to advise on or indeed have advised on.”

DUP MP Jim Shannon (Strangford) told the Commons: “At the heart of this UQ is Gerry Adams. When this House puts in place a pension for innocent victims of the Troubles and excludes at that time perpetrators from applying, it was Gerry Adams and his colleagues who sought to block the pensions being put in place.

“Adams’s hands are dripping with innocent blood, not least from when he was the commander of the La Mon bombing, which killed and maimed some of my constituents.

“So will the Attorney General excuse himself from all matters relating to Adams and will this Government ensure that Adams doesn’t get one single penny?”

Mr Adams has been approached for comment. He has always denied being a member of the IRA.

Ms Rigby replied: “The law officers’ convention, as I’ve already stated, does not permit me to reveal where the Attorney General has been asked for advice nor when he has advised.”

Conservative MP Bob Blackman (Harrow East) also said: “The Attorney General has advocated in relation to the policies of the Israeli government. Then we’ve had a change in policy by the (UK) Government that has been directly influenced by the legal advice that’s been given.

“So the challenge here is has that advice been given on the basis of prejudicial views prior to entering the Attorney General’s office.

“I don’t expect the Solicitor General to unveil the details of this, but she must understand that that is the impression being given and every aspect of transparency and democracy requires the fact that the impartial advice given by the Attorney General to the Government is correct but also not prejudiced.”