The Attorney General is facing a fresh conflict of interest row after it emerged asylum seekers he previously represented were granted a “one-off” deal to come to Britain from the Chagos Islands months after his appointment.
In 2023, when he was still a private practising lawyer, Lord Hermer unsuccessfully took the UK Government to court on behalf of Sri Lankan asylum seekers trying to get to Britain from the Chagos Islands.
The five migrants, part of a group of dozens who had washed up on the British-American base at Diego Garcia, hoped to be allowed to come to Britain but the action was dismissed by the High Court.
Yet months after he was appointed as the UK’s chief law officer by Keir Starmer, the UK Government changed course and granted a “one-off” deal to allow all 61 asylum seekers to come to Britain. Weeks before, the Government had announced a deal to cede the islands to Mauritius.
Lord Hermer was told on Saturday night to “urgently come clean” about whether or not he had recused himself from any involvement with the decision that benefited his former clients.
The Attorney General’s Office refused to say when asked if he signed off the extraordinary deal.
Lord Hermer represented five of 61 Tamil migrants washed up on the military base of Diego Garcia and sought refuge in the UK – Operation 2024/Alamy Stock Photo
Robert Jenrick, the shadow justice secretary, said on Saturday night that there was “a clear pattern” of behaviour from the Labour Government “making contentious decisions against the national interest that benefit the Attorney General’s former clients”.
He added: “The public will be asking where his loyalties lie.
“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 against His Majesty’s Government.
“The Attorney General cannot lecture about the rule of law while dodging fundamental questions about conflicts of interest. He must now urgently come clean, and explain to the British public whether he was involved in these decisions in Government, or his position is untenable.”
It comes after Lord Hermer was accused of another possible conflict of interest after the Government opened the door to compensation for the imprisonment of Gerry Adams during the Troubles. Mr Adams is a former client of the Attorney General.
When questioned by MPs this week about his reticence over potential conflicts of interest, Lord Hermer cited the Law Officer Convention. The convention says that holders of his office should not disclose the details of legal advice they give to the government.
In his 2023 legal challenge Lord Hermer argued that the five asylum seekers he represented had endured poor treatment at the hands of British authorities in Chagos and that their mental health had deteriorated, saying their situation amounted to detention.
The asylum seekers, all of Tamil heritage, had fled their country on fishing boats in fear of persecution. They said they had hoped to find sanctuary in Canada but instead were left stranded in the waters around the British Indian Ocean Territory before seeking a safe haven in Britain.
There were a number of other court cases in which the “Diego Garcia 61” attempted to come to Britain. The Conservative government condemned any transfer of the migrants to the UK as a “backdoor migration route” which could open a new front in the small boats crisis.
A judicial review judgment of the case was due in late 2024.
But in November, before any such judgment could be given, the Labour Government caved and allowed the migrants to come to the UK.
The decision was described by a Government spokesperson as a “one-off, due to the exceptional nature of these cases and in the interests of their welfare”.
The asylum seekers have been given money by the Government so that they could live comfortably in the UK.
Priti Patel, the shadow foreign secretary, said: “Labour have spent years campaigning to keep illegal migrants in our country – and this is just yet another example of the consequences of that.
“And in doing so Labour have created another small boats route to the UK for illegal migrants – once again putting their ideology before our national security.
“This Government is simply not fit to govern, and cannot keep our country safe.”
Lord Hermer had argued that treatment the five asylum seekers endured in the Chagos Islands amounted to detention – US Navy
A Government spokesman said: “Law officers, by their experience and very professional nature will have an extensive legal background and may have previously been involved in a wide number of past 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.
“There is the established process of ministerial declarations, with previous employment and interests having been published for the public record.”