The prime minister has “absolute confidence” in his attorney general despite negative press briefings, Downing Street has said.
Lord Hermer KC has been subject to a string of negative stories in recent weeks, including in The Times which reported concern from cabinet ministers that changes he made to legal advice had stymied legislation.
Late last year, Lord Hermer bolstered guidance to government lawyers so that they must advise ministers that policies should be considered unlawful if “no tenable argument” could be made in the event they were challenged in court.
According to The Times, this has resulted in cabinet ministers feeling frustrated that Lord Hermer was resisting policies even if there was a only a slim chance they faced defeat in the courts.
And a government source told Sky News’ deputy political editor Sam Coates that departments were “nervous the attorney general is actually making rulings on things”.
“This can complicate decision making,” they added. “We just want him as often as possible not to make definitive judgements.”
Asked whether Sir Keir Starmer had confidence in Lord Hermer, a Downing Street spokesperson replied: “He has absolute confidence in him and I wouldn’t accept that he is slowing down legislation.”
They added: “Let us be clear about not engaging with the law as a government – failing to do so costs taxpayer money, blocks new infrastructure.
“Taking the law into account is important but we want to make sure the law isn’t used to block things at any costs. We are looking to reduce attempts from three to one and take an axe to red tape and it is in everyone’s interest that changes in law are effective whether it is attorney general, the prime minister or cabinet.”
Shortly after his appointment as attorney general following Labour’s landslide election victory, Lord Hermer – who is the government’s chief legal adviser – updated the guidance on legal risk to also say that ministers should only put forward as a…
