Académique Documents
Professionnel Documents
Culture Documents
HM Attorney General
5-8 The Sanctuary
London
SW1P 3JS 28 October 2020
We are all members of the Attorney General’s panels of counsel, or Queen’s Counsel, who act
for the Crown or Government Departments in its full range of cases. We are writing in a
personal capacity to share our serious concerns about recent criticisms of “lefty” and “activist”
lawyers by senior Government Ministers including the Prime Minister and the Home
Secretary.
The proper application of the laws of this country is fundamental to the functioning of our
justice system and to society more widely. Lawyers play a vital part in the administration of
justice, including the criminal justice system and the immigration system.
It has long been a recognised and valued tradition of the Attorney General’s panels that its
members act both for and against Government. A large number of us do so. This reflects the
value to Government of having access to high quality, independent legal advice from a diverse
range of counsel.
As barristers our professional obligations require us to act in the best interests of our clients,
and to put forward arguments on their behalf reflecting the law as it stands. We represent our
clients regardless of political affiliation or personal views. This applies whether our client is a
Government department or someone seeking to challenge a Government decision.
The system as a whole ensures a high level of public confidence, nationally and internationally,
in the fairness and impartiality of the legal system for which this country is renowned. It also
ensures the protection of the individual rights and liberties which this country has valued for
centuries, including the right of access to independent legal advice and representation.
The emotive language politicising lawyers in the recent speeches undermines this system.
Criticising lawyers, such as ourselves and our colleagues, for acting fearlessly on behalf of our
clients in accordance with our professional duties, serves to reduce public confidence in the
legal system on which the rule of law depends. It also risks undermining the credibility of
Treasury Counsel within this system. We invite the Government to consider these points and
to refrain from using such language in the future.
We hope that the Law Officers will appreciate the good faith and constructive intention of this
letter. We look forward to your response.
Yours sincerely,
1
Queen’s Counsel
2
Hafsah Masood Ben Silverstone
Claire McCann Zack Simons
Nicholas Ostrowski Julia Smyth
Naina Patel James Stansfeld
Michael Paulin Caroline Stone
Jason Pobjoy Benjamin Tankel
Laura Poots Jennifer Thelen
Emma Price Alex Ustych
Alexander Ruck Keene Ned Westaway
Sarah Sackman Mark Westmoreland Smith
Shane Sibbel Emma Zeb
3
cc. The Prime Minister
The Home Secretary
The Lord Chancellor