Attacking lawyers for representing certain clients undermines faith in the legal system, the attorney general told MPs yesterday - after he refused to answer questions about former Sinn Fein president Gerry Adams, whom he previously represented in a damages claim brought by victims of IRA bombings.
Appearing before the House of Commons justice select committee yesterday, Richard Hermer KC was first asked by committee member Sir Ashley Fox about the government’s rationale for repealing sections 46 and 47 of the Northern Ireland Troubles Act and whether the attorney general had advised on that.
The government laid a remedial order in December to remedy ‘human rights deficiencies’ in the act identified by the Northern Ireland High Court and Court of Appeal last year. The move was criticised by thinktank Policy Exchange in a report published this week and MPs voiced concerns in parliament yesterday that the remedial order could pave the way for Adams to receive compensation.
Hermer told the committee the law officers’ convention prevented any minister from saying whether the law officers had been asked to advise on any given issue, let alone what they had advised.
Fox then asked if Hermer, when he acted for Adams in the past, had acted under any form of conditional fee agreement.
Hermer said he could not recall ‘and even if I could recall I’m not sure I would feel inclined to answer a question as to how the basis on which I was paid by any given client’.
The exchange prompted Hermer to voice concern about the impact of criticising lawyers for whom they represent.
He said: ‘A key part of the rule of law framework in this country for generations has been that a legal system works best where you have advocates who are able to take on cases without fear or favour and represent clients irrespective of their own views as to what their client did, whether it was morally right or morally wrong. And that’s how our system works.
‘You’re right, I did represent Gerry Adams on something unconnected to the legacy. As it happens, as a reflection of our legal system, at the same time I was representing the family of a young British soldier murdered by the IRA in the 1970s. Both clients understood of the importance of being able to represent everybody. That’s what a legal system is all about. My concern about attacks on lawyers for doing particular cases is that it undermines faith in the legal system.’
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