Andy BurnhamThe new attorney general has ripped up crippling guidelines for ministers and the civil service, accused of severely hampering their ability to act in Britain’s best interests.
Ellie reeves has trashed the changes made by her predecessor lord hermer, who critics say was a ‘effective veto’ over the government policy led by Sir Keir Starmer.
Hermer, a close friend and former human rights lawyer of Sir Keir, was criticized for issuing a letter last year to government lawyers who emphasize the importance of following international law.
The document included a so-called ‘snitch clause’, calling on civil servants to report any concerns that ministerial actions could be illegal and challenged in court.
Ms Reeves, also a former lawyer, has now told departments they must go ahead with the plans even if they could face legal action from the government.
The new advice from her department states: ‘Wherever there is at least a tenable legal argument, you must make it clear that it is a decision that can be taken by the minister in a good and constitutional manner.’
Ellie Reeves has trashed the changes made by her predecessor Lord Hermer, who critics say had been given an ‘effective veto’ over government policy led by Sir Keir Starmer.
Hermer, a close friend and former fellow human rights lawyer of Sir Keir, was criticized for issuing guidance emphasizing the importance of following international law
A letter to ministers from Ms Reeves, Chancellor John Healey and de facto Deputy Prime Minister Louise Haigh said they should ‘feel empowered to accept higher levels of risk’, backed by the vast majority of the government.
Ms Reeves told The Times: “This is about getting things done. This is something we as a government would like to do. It may pose a higher legal risk, and we are not changing the way risk is classified.
‘If there is a viable legal argument, it is important that government lawyers make it clear that it is a decision they can lawfully make, even though there may be a higher legal risk.
‘I hope this will empower both lawyers and government ministers. If something is legally risky, I want them to think creatively about what measures can be taken. It’s about how you frame it and how you enable ministers to make those decisions.’
Critics had complained that Lord Hermer placed too much emphasis on the letter of international law.
He was accused of ‘blocking’ Britain from helping to defend Israel against attacks by Iran and of being instrumental in ‘surrendering’ the Chagos Islands, the last British territory in the Indian Ocean, to adhere to a non-binding International Court of Justice ruling.
He was also forced to apologize for comparing calls to leave the European Convention on Human Rights (ECHR) to the early days of Nazi Germany.
In total, he added 23 references to international law to the guidelines last year.
It also instructed legal staff to assume that any decision made by the government could face a challenge. Previously, the advice suggested problems were unlikely.
At the time, a Number 10 source told the Mail: ‘It seems there is no problem that cannot be made worse by a human rights lawyer whose name ends in ‘mer’.
But before the Justice Committee in January 2025, he defended the changes, telling MPs: ‘I came in and felt that the version presented to me needed to be updated for a number of reasons.
‘Firstly, I wanted to send a very clear message at the outset to all those advising the government and all those receiving advice about the importance and centrality of law, and the importance of the rule of law, to what government does.
‘I saw that as an opportunity. I was also concerned about the version in force at the time, which was that, rather than trying to ensure that legal standards were maintained, there was a risk that legal standards would be diluted.”
