International Law: UK Obligations
I think I am in the slightly novel position of being fresh to the Dispatch Box myself, but also able to welcome both the Attorney General and the Solicitor General to their new places, which I do with gusto. Last month, the Attorney General published her new “Attorney General’s Legal Guidance”, a direction to all Government lawyers on how to advise Ministers on lawfulness and legal risk, which replaced the advice of Lord Hermer. Across the board, she has removed references to international law. She has removed Lord Hermer’s demand that “the rule of law requires compliance by the state with its obligations in international law as in national law”; she has removed Lord Hermer’s direction that the Government “should not invite Parliament to legislate contrary to international obligations”; and she has removed the whole paragraph in which Lord Hermer instructed Government lawyers that compliance and respect for international law must be a critical factor in legal advice. She served as Solicitor General under Lord Hermer for a year. What persuaded her that his guidance to Government lawyers was wrong, and that the Conservatives were right all along that his guidance needed to be replaced?