The United Kingdom's government has significantly altered its legal guidance for ministers and civil servants, a move aimed at enabling more decisive action and accepting higher levels of legal risk. The changes, spearheaded by the new Attorney General Ellie Reeves, effectively discard directives issued by her predecessor, Lord Hermer.
Lord Hermer's guidance, introduced under Sir Keir Starmer's tenure, had emphasized adherence to international law and advised civil servants to report potential legal challenges to ministerial actions. Critics contended that this approach created an "effective veto" over government policy and fostered an overly risk-averse environment, hindering the government's ability to act in the UK's best interests.
Reeves, a former barrister herself, has now directed government departments to proceed with plans even if they carry a greater risk of legal action. The new advice states that "Wherever there is at least a tenable legal argument, you should make clear that the decision is one that can properly and constitutionally be taken by the minister."
In a joint letter to ministers, Reeves, Chancellor John Healey, and de facto Deputy Prime Minister Louise Haigh, encouraged them to feel "empowered to accept higher levels of risk," citing the government's substantial majority as a backing.
Reeves explained her rationale to The Times, stating, "This is about getting things done. This is something that we want to do as a government. It may have a higher legal risk, and we're not changing how risk is classified."
She further elaborated, "Where there's a tenable legal argument it's important that government lawyers make it clear that it is a decision they can lawfully take even though there might be a higher level of legal risk. This I hope will empower both government lawyers and ministers. Where something is legally risky I want them to think creatively what mitigations can be put in place. It's about how you frame it and how you empower ministers to make those decisions."
Critics had previously accused Lord Hermer of placing excessive emphasis on international law, alleging his guidance played a role in obstructing actions related to defending Israel against Iran strikes and in the decision to cede the Chagos Islands to Mauritius, based on a non-binding International Court of Justice ruling.
Lord Hermer had added 23 references to international law in the guidance and instructed legal staff to anticipate challenges for every government decision, a departure from previous advice that suggested challenges were unlikely.
During a Justice Committee hearing in January 2025, Lord Hermer defended his changes, asserting that the guidance needed updating. He stated his intention was to "give a very clear message to all those advising Government and all those who receive advice of the importance and the centrality of law, and the importance of the rule of law, to what government does." He also expressed concern that the prior version "risked diluting legal standards" rather than ensuring their maintenance.