The Government’s top legal adviser, Attorney General Lord Richard Hermer KC, faces scrutiny over potential conflicts of interest related to his previous legal work. Conservative Shadow Justice Secretary Robert Jenrick has called for an investigation, writing to Cabinet Secretary Sir Chris Wormald to examine Lord Hermer’s prior legal representation and its implications for his current role.
In his letter, Mr Jenrick highlighted four cases, including Lord Hermer’s representation of Gerry Adams in matters connected to the Legacy Act and Afghan families in the ongoing Afghanistan Inquiry. Jenrick suggested these cases could create perceived or actual conflicts of interest and urged the Cabinet Secretary to “investigate these matters and revert to me as a matter of urgency.”
Mr Jenrick stated that the issues “raise serious questions about the management of potential conflicts of interest at the highest levels of Government legal service.”
A Government spokesperson responded: “There are well-established rules governing ministerial interests and conflicts, and as Robert Jenrick’s own letter makes clear, the Attorney General has properly declared interests from his previous role. These rules sit alongside rigorous and long-standing protocols to ensure all Law Officers are not consulted on issues that give rise to conflicts of interest.”
This development follows scrutiny last week of Lord Hermer’s involvement in the Government’s proposed repeal of legislation that restricted civil claims by Troubles internees, including Gerry Adams. During a Justice Committee session in the Commons, Lord Hermer was questioned about his role in advising the Government on this controversial matter.
When asked by Conservative MP Sir Ashley Fox whether he had advised on repealing the laws, Lord Hermer stated that the ministerial code prevented him from confirming whether he had provided advice on specific issues. He also denied any recollection of representing Mr Adams under a conditional fee agreement but confirmed having acted for him in a matter unrelated to the Legacy Act.
Lord Hermer told the committee: “I did represent Gerry Adams on something unconnected to the Legacy. As it happens, as a reflection of our legal system, at the same time I was representing the family of a young British soldier murdered by the IRA in the 1970s.
“Both clients understood the importance of being able to represent everybody. That’s what a legal system is all about. My concern about attacks on lawyers for doing particular cases is that it undermines faith in the legal system.”
The Attorney General’s previous representation of diverse clients has drawn both criticism and praise. Legal professionals argue that impartial representation is a cornerstone of the justice system, while critics question whether such experiences could compromise objectivity in ministerial roles.
The controversy also underscores tensions over the Legacy Act, which addresses unresolved issues from Northern Ireland’s Troubles. Critics have argued that repealing the legislation could risk reopening old wounds, while proponents claim it ensures justice for victims. Lord Hermer’s past involvement in related cases adds another layer of complexity to the debate.
The Government has defended its processes for managing potential conflicts of interest among its legal advisers, emphasising that protocols are in place to ensure impartiality. However, the Opposition’s call for an investigation suggests ongoing concerns about transparency and trust in the decision-making process.
Sir Chris Wormald, as Cabinet Secretary, is now expected to consider the request for an investigation into the matter. Any findings could have significant implications for both the Attorney General’s position and broader perceptions of Government accountability.
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The outcome may also impact public confidence in the impartiality of legal advice provided to ministers, particularly in contentious areas such as Northern Ireland legacy issues and inquiries into historical events.
As the debate continues, Lord Hermer’s case highlights the delicate balance between legal advocacy and political responsibility, a challenge faced by many former barristers who transition to Government roles. Whether the Attorney General can navigate these questions without further controversy remains to be seen.
