Even Labour admits Starmer let human rights lawyers cripple the Government as ‘risk-averse’ guidance created by ally Lord Hermer is scrapped
Labour's new attorney general, Ellie Reeves, has scrapped legal guidance introduced by her predecessor Lord Hermer, which critics blamed for giving human rights lawyers an effective veto over government policy and hampering ministers' ability to act decisively. Hermer, a close friend of Sir Keir Starmer and fellow former human rights barrister, had faced criticism for a "snitch clause" urging civil servants to flag any ministerial action that might face legal challenge, as well as for his handling of issues including the Chagos Islands handover and support for Israel against Iran.
Reeves, alongside Chancellor John Healey and de facto deputy PM Louise Haigh, has told departments they can proceed with plans even where legal action is possible, provided there is "at least a tenable legal argument". New guidance replaces Hermer's approach, which reportedly added 23 references to international law and told staff to assume every government decision could be challenged, with advice designed to make ministers and lawyers feel "empowered to accept higher levels of risk". Hermer had previously defended his changes to the Justice Committee, saying he wanted to reinforce the importance of the rule of law and avoid diluting legal standards.
In short
- Labour scraps Lord Hermer's risk-averse legal guidance for ministers
- New attorney general Ellie Reeves says departments can accept more legal risk
- Hermer's rules were blamed for hindering government decisions, including on Chagos Islands
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Those who back scrapping Lord Hermer's guidance argue that elected ministers must be able to govern decisively rather than be paralysed by the fear of any conceivable legal challenge. On this view, requiring only a “tenable legal argument” is a reasonable, well-established threshold for action, not a lowering of standards, and the previous approach – which assumed every decision could be challenged and encouraged staff to flag ministerial actions – bred an unhelpful culture of risk-aversion that left government unable to deliver on its priorities. Restoring greater risk tolerance, they say, simply lets ministers do their jobs while still operating within the law.
The case against
Advocates of the stricter guidance argue that caution in legal advice exists precisely to stop government acting unlawfully, protecting both citizens' rights and the UK's standing as a country that honours its domestic and international legal obligations. Lord Hermer himself defended the changes as reinforcing the rule of law rather than diluting it, reflecting a genuine concern that a more permissive approach could expose government to successful legal challenges, costly litigation, and reputational damage. From this perspective, rigorous legal scrutiny is not obstruction but a necessary safeguard against overreach, especially in sensitive areas like human rights and international law.
Explained simply
The attorney general is the Government's chief legal adviser, responsible for guiding ministers and civil servants on what they can lawfully do. Lord Hermer, a barrister and close friend of Sir Keir Starmer, held this role after Labour won power and introduced new legal guidance for departments to follow when weighing up decisions.
That guidance became a source of tension within Government. Critics argued it pushed officials to treat almost any decision as open to legal challenge, encouraged staff to flag ministerial actions that lawyers might contest, and made departments overly cautious about pursuing policies for fear of court action. Hermer defended the approach as necessary to uphold the rule of law, but it drew criticism over his handling of issues such as the handover of the Chagos Islands and the Government's stance on Israel's conflict with Iran.
Ellie Reeves has since taken over as attorney general, working alongside senior colleagues including Chancellor John Healey and Louise Haigh. Attorneys general are appointed by the Prime Minister and their guidance shapes how confidently ministers can act, so a change in approach has practical consequences for how Government departments operate and make decisions.
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