Under-fire Attorney General says he has recused himself ‘from certain matters’

The Government’s top law officer has revealed he has recused himself from advising ministers on “certain matters” but could not give details as he was bound by convention.

Attorney General Lord Hermer KC was speaking after questions were raised over how his previous legal work, including representing former Sinn Fein leader Gerry Adams, could result in possible conflicts of interest in his current role.

The Labour frontbencher 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.

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.

Responding to a repeat of an urgent question asked by the Tories in the Commons, Lord Hermer said: “It is vital that the public are reassured that the highest standards of propriety are applied by my department and I welcome the opportunity to answer questions today.

“As the House will be aware I am constrained by the law officers’ convention which prohibits me from identifying particular instances in which law officer advice has been sought even by implication.

“But I hope reassurance can be found in the description of the rigorous system for managing conflicts provided by the Solicitor General in the other place (the Commons).

“And may I make plain, if ever there is or will be reasonable doubt as to whether a law officer should be recused my department will always err on the side of caution.

“Compliance with that process has led me to recuse myself from certain matters.

“As I said, the convention precludes me from identifying in those instances, because to do so would inevitably reveal the issues on which advice has been sought.

“I can assure the House that recusals have no material impact on my department’s work. Where one law officer is conflicted, another is asked to act instead.

“And I am fortunate to have the support from a Solicitor General and an Advocate General for Scotland with highly successful careers in law.”

Lord Hermer told peers: “The law officers’ convention is not a convenient rock for law officers to hide behind. It is an essential principle that allows law officers to properly discharge their functions by providing legal advice to the Prime Minister and to Government and for that advice and the contents of that advice not to be revealed because to do so would fundamentally undermine the efficacy of our work.”

He added: “We have in place a rigorous process for the identification of conflicts and the management of conflicts.”

Tory former solicitor general Lord Garnier said: “The convention is that a law officer should not disclose his work in such a way as to embarrass his client and the client in his case.. is the Government.

“The Prime Ministers could release him from that convention if he thought it appropriate. Has he asked him to help him?”

Lord Hermer said “the question as to what I may or may not have advised the Prime Minister is itself covered by the law officers’ convention”.

Labour former lord chancellor Lord Falconer of Thoroton said: “Nobody doubts the integrity of the Attorney General.”

He accused the Conservatives of “scraping the bottom of the barrel”.

Responding, Lord Hermer said: “My concern is that where people are seeking to scrape the bottom of the legal barrel in order to drive short-term political point-scoring it undermines our important institutions in this country in the eyes of the public.”

Conservative shadow Northern Ireland minister Lord Caine, said in his role Lord Hermer might have to advise “on matters relating to highly sensitive national security interests in legacy cases as happened when I was in government”.

The Tory frontbencher added: “Would it not serve the interest of both transparency and public confidence in his office in Northern Ireland if he were to state unequivocally, yes or no, that in any cases that might involve known associates of people he has acted for or indeed those individuals themselves he will simply recuse himself?”

Lord Hermer said: “I can assure him that in those instances and indeed in any subject matter that I am asked to consider as Attorney General we will apply the rigorous conflict process to identify conflicts and manage conflicts. Beyond that I am afraid I cannot go.”