The newly appointed Attorney General previously advised Labour it should allow public bodies to boycott Israel.
Richard Hermer KC provided legal advice last July on Tory plans to ban all public bodies from imposing their own divestment campaigns on foreign countries and territories.
Michael Gove, then the Communities Secretary, introduced the legislation, which was promised in the 2019 manifesto, after several councils backed the BDS (boycott, divestment and sanction) movement against Israel.
Mr Hermer told Labour the Economic Activity of Public Bodies (Overseas Matters) Bill would “stifle free speech at home”.
He criticised the Bill as “poorly drafted” and said it would have a “detrimental impact on the United Kingdom’s ability to protect and promote human rights overseas”.
The legislation was ultimately dropped.
Sir Keir Starmer made Mr Hermer Attorney General on Friday. He will be made a peer in order to take up the role.
Some of the positions Mr Hermer has taken on Israel, and the individuals he has represented, are likely to be considered controversial.
He advised that Mr Gove’s Bill would be “incompatible” with international obligations set out in the European Court of Human Rights.
Opinion did not address merits of boycotts
He added that his legal opinion did not address “the competing merits or demerits of BDS”, adding: “The Bill is objectionable irrespective of whether one considers BDS to be thoroughly reprehensible or conversely a legitimate form of non-violent protest.”
The Attorney General was also one of eight Jewish lawyers who wrote an open letter 10 days after the Hamas Oct 7 attack on Israel, expressing “significant concern” over Israel’s response.
They described the attacks as a “moral outrage” and an “egregious violation of all norms of international law”.
But they added: “In these early days when emotions are so understandably raw, many might be reluctant to remind Israel of its international law obligations, considering to do so insensitive or inappropriate. However, we disagree.”
The letter, published in the Financial Times, added: “There are some aspects of Israel’s response that already cause significant concern. International law forbids sieges of civilian populations.
“Gaza is home to some (two million) fellow human beings (almost half of whom are children) and it would be a grave violation of international law to hold them under siege and while doing so deprive them of basic necessities such as food and water.”
Mr Hermer’s appointment comes after Labour suffered some losses at the general election as a result of its stance on the Israel-Gaza conflict.
Jonathan Ashworth, the shadow paymaster general, lost his seat to a pro-Palestinian independent candidate.
And the Middle East conflict has proved divisive for Labour, with Sir Keir facing criticism for his initial refusal to back a ceasefire.
Many of the party’s core Muslim supporters have been angered by his stance on the conflict, with 10 frontbenchers quitting in November.
New Attorney General represented Gerry Adams
Mr Hermer is a barrister at Matrix chambers, which was co-founded by Sir Tony Blair’s wife Cherie, but was formerly of Doughty Street Chambers, where Sir Keir worked until becoming Director of Public Prosecutions in 2008.
He has represented a number of individuals in international law claims against governments, including the UK authorities.
Mr Hermer also represented Gerry Adams when the former Sinn Fein leader was being sued last year by victims of IRA bomb attacks.
He has also advised the Ukrainian government and was appointed to the nation’s legal taskforce for “Accountability of Crimes Committed in Ukraine”.
Mr Hermer is one of three Cabinet appointments so far by the Prime Minister who are not Labour MPs.
He joins Sir Patrick Vallance, who is the new minister of state for science, and James Timpson, the new prisons minister.
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