Attorney General Lord Hermer is facing accusations of a conflict of interest after asylum seekers he previously represented as a lawyer were granted permission to enter Britain from the Chagos Islands.
The controversy emerged after the Government approved a “one-off” deal allowing 61 asylum seekers to come to Britain, months after Lord Hermer’s appointment as the UK’s chief law officer.
Opposition figures are demanding transparency about whether Lord Hermer recused himself from the decision-making process that benefited his former clients.
The Attorney General’s Office has declined to confirm if he signed off on the extraordinary deal.
In 2023 Lord Hermer took legal action against the UK Government on behalf of Sri Lankan asylum seekers
PA
In 2023, while working as a private lawyer, Lord Hermer took legal action against the UK Government on behalf of Sri Lankan asylum seekers attempting to reach Britain from the Chagos Islands.
The case involved five migrants who had arrived at the British-American base at Diego Garcia, seeking entry to Britain.
Lord Hermer argued that his clients had suffered poor treatment by British authorities in the Chagos Islands and experienced deteriorating mental health, claiming their situation amounted to detention.
The High Court ultimately dismissed the legal challenge.
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Months after Lord Hermer’s appointment by Sir Keir Starmer, the Government reversed its previous position and granted permission for all 61 asylum seekers to enter Britain.
The decision came shortly after the Government had announced a deal to cede the Chagos Islands to Mauritius.
The migrants have been provided with financial support from the Government to establish themselves in the UK.
A Government spokesman described the move as a “one-off, due to the exceptional nature of these cases and in the interests of their welfare.”
The decision was made in November 2024, before an expected judicial review judgment could be delivered.
Robert Jenrick, the shadow justice secretary, said there was “a clear pattern” of Labour making decisions “against the national interest that benefit the Attorney General’s former clients.”
“The public will be asking where his loyalties lie,” Jenrick stated, demanding Lord Hermer “urgently come clean” about his involvement in the decision.
“It is unacceptable for the Government to hide behind convention and decline to confirm whether our chief legal adviser was involved in a decision about asylum seekers he had recently represented in court,” Jenrick said.
He added that Lord Hermer’s position would be “untenable” if he failed to explain his role in these decisions.
The asylum seekers, all of Tamil heritage, had originally fled Sri Lanka by fishing boats, seeking to escape persecution. They had initially hoped to reach Canada but became stranded in waters around the British Indian Ocean Territory.
Multiple court cases were launched by the group, known as the “Diego Garcia 61”, in their attempts to reach Britain.
The Conservative government had strongly opposed their transfer to the UK, warning it could create a “backdoor migration route” and potentially worsen the small boats crisis.
When questioned by MPs this week about potential conflicts of interest, Lord Hermer cited the Law Officer Convention, which prevents holders of his office from disclosing details of government legal advice.
This latest controversy follows previous conflict of interest accusations regarding the Government’s decision to consider compensation for Gerry Adams’ imprisonment during the Troubles.
Adams was also a former client of the Attorney General.
Lord Wolfson, the shadow attorney general, challenged the use of legal conventions as a barrier to transparency.
Priti Patel, the shadow foreign secretary, accused Labour of creating “another small boats route to the UK for illegal migrants”
PA
“Neither legal privilege nor convention nor parliamentary standing orders prevents the Attorney General from confirming whether he has recused himself,” he stated.
Priti Patel, the shadow foreign secretary, accused Labour of creating “another small boats route to the UK for illegal migrants.”
“Labour have spent years campaigning to keep illegal migrants in our country – and this is just yet another example of the consequences of that,” she said.
She added that the Government was “simply not fit to govern, and cannot keep our country safe.”
A Government spokesman defended the handling of potential conflicts, noting that law officers naturally come with “extensive legal backgrounds” from previous cases.
“That is why there is a robust system for considering and managing any conflicts that may arise, in line with the professional obligations of law officers,” the spokesman said.
The Government highlighted its established process of ministerial declarations.
Previous employment and interests have been “published for the public record,” according to the spokesman.
