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Hermer’s Guidance Grants De Facto Veto and Forces Civil Servants to Flag Ministers

New directives require lawyers to treat international treaties as binding law, alerting the Attorney General to any policy deemed legally questionable.

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Overview

  • The guidance overturns Suella Braverman’s 2022 memo by telling government lawyers to assume every ministerial decision could face a legal challenge.
  • A new reporting mechanism instructs civil servants to notify the Attorney General if ministers propose actions lacking a tenable legal basis.
  • Updated advice adds 23 references to international law and prohibits ministers from using Parliament to override treaty obligations.
  • Senior figures from both Conservative and Labour parties have denounced the changes as a power grab that risks paralysing policy-making.
  • Downing Street maintains that ministers retain ultimate policy authority despite the stricter legal framework for government lawyers.