Attorney General’s Office: Conflicts of Interest

Helen Grant Excerpts

Thursday 23rd January 2025 Commons Chamber

[Helen Grant (Maidstone and Malling) (Con)]

(Urgent Question): To ask the Solicitor General if she will make a statement on the management of conflicts of interest in the Attorney General’s Office.

[The Solicitor General (Lucy Rigby)]

The Attorney General’s Office has an established and rigorous process for identifying and dealing with conflicts, and potential conflicts, that arise from the Law Officers’ past practice. That process predates the appointment of the Attorney General and sits against the backdrop of every lawyer’s professional obligation to be alert to, and to actively manage, any situation that might give rise to a potential or actual conflict. Learned Members of this House will keenly appreciate the importance that all lawyers place on that obligation.

In identifying conflicts or potential conflicts, the Attorney General’s Office adopts a cautious and “beyond reproach” threshold to any conflicts or potential conflicts. My Department works with the Government Legal Department, the Foreign, Commonwealth and Development Office, which oversees international litigation on behalf of the Government, the Crown Prosecution Service and the Serious Fraud Office to revise and augment the list of conflicts identified.

Once the conflicts have been ascertained and a set of actions identified for each conflict, the Attorney General’s Office takes steps to ensure that the Law Officer is appropriately limited in their involvement on matters related to the relevant area of Government policy or related litigation. The list is kept under review and amended—for example, when new Government policies or litigation emerge. In situations where one Law Officer is conflicted, another Law Officer is asked to act in their place.

The Law Officers’ convention is an important principle —enshrined in “Erskine May” and the ministerial code, and upheld by successive Administrations—that preserves the ability of Government to receive full and frank legal advice from their legal advisers in confidence. I am therefore unable to comment on the specific details of legal advice provided by the Law Officers, other than to note that of course decisions on policy are taken by the relevant Secretary of State, as has been the case under successive Governments. That process sits alongside the system relating to ministerial interests, overseen by the Prime Minister’s independent adviser on ministerial standards, who was provided with the Attorney General’s list of conflicts following his appointment. I can reassure the House that the Attorney General’s Office will continue to apply the most rigorous standards in its conflicts process.

[Mr Speaker]

I call the shadow Solicitor General.

[Helen Grant]

Thank you for granting this urgent question, Mr Speaker.

The Attorney General previously represented former Sinn Féin leader Gerry Adams in a damages claim brought 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 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.

Let me be absolutely clear that this is not about Lord Hermer’s career at the Bar; it is about the proper mechanisms for recusal when matters concerning former clients come before Government. The House must know what safeguards are in place to protect the public interest when such situations arise, especially regarding sections 46 and 47 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

What are the formal procedures for the Attorney General’s recusal in matters involving former clients? Has the Attorney General recused himself from any matters since taking office? What assessment has been made of potential conflicts arising from his extensive litigation against the Government? [Interruption.]

This all goes to the heart of public confidence in our legal system. The Prime Minister stood at the Dispatch Box and promised this House a Government of standards and integrity. [Interruption.] The proper management of conflicts of interest at the highest levels of the Government Legal Service is not optional; it is fundamental to that promise—

[Mr Speaker]

Order. Please, you have two minutes, not three, and we have to stick to the rules. I allowed you to go on, but I was not coughing for my health; it was to give you a hint to come to the end of your question. Have you now finished?

[Helen Grant]

I have, Mr Speaker.

[Mr Speaker]

Thank you. I call the Solicitor General.