Attorney general claims suggestions she offered legal opinion on Dominic Cummings trip to Durham are ‘absurd’

Labour claims Suella Braverman had ‘abused her position’

Ashley Cowburn
Political Correspondent
Thursday 04 June 2020 14:04 BST
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Suella Braverman faces claims she undermined the impartiality of her role and calls for her resignation
Suella Braverman faces claims she undermined the impartiality of her role and calls for her resignation (AFP/Getty)

The attorney general has told MPs suggestions she was offering a legal opinion when defending Dominic Cummings’ trip to Durham during the coronavirus lockdown are “absurd”.

It follows claims Suella Braverman had undermined the impartiality of her role and calls for her resignation as she supported the actions of Boris Johnson’s most senior adviser last month amid public outrage.

During the row, Ms Braverman posted on her official social media account that “protecting one’s family is what any good parent does” after it emerged Mr Cummings had travelled from London to Durham with his wife and child.

Ms Braverman, who as the attorney general acts as the government’s chief legal adviser, also shared the comments from a No 10 spokesperson which claimed Mr Cummings “believes he behaved reasonably and legally”.

At the time, Labour’s shadow attorney general Lord Falconer claimed Ms Braverman had “abused her position”, saying: “Mr Cummings has got away with breaking the lockdown because the prime minister, with the backing of the attorney general, said he did not break the law.”

Ms Braverman was challenged on her defence of Mr Cummings by the shadow solicitor general Ellie Reeves, who said “she undermined the impartiality of her role and the rule of law” by tweeting in support of the No 10 adviser.

Appearing in the Commons for this first time since her remarks, the attorney general said it was “simply absurd” to suggest she was offering her legal opinion at the time, and stressed her “full confidence” in the operation independence of the Crown Prosecution Service (CPS) and the police.

“It’s plain for any reasonable observer to see that there was no question whatsoever of me having provided any public legal view on the matter to which she refers,” she added.

Immediately after her comments in the chamber, prolific legal blogger the Secret Barrister, however, said Ms Braverman’s tweet on 23 May was “clear, as was its meaning”, adding: “If a barrister acted with such dishonesty in court, they would likely be reported to the Bar Standard’s Board.”

Ed Davey, acting leader of the Liberal Democrats, added: “Suella Braverman has some brass neck. What I call “absurd” is her and her Tory colleagues standing by Dominic Cummings’ indefensible behaviour.

“If her statement wasn’t a legal opinion, in response to the visceral anger of so many people across the UK, Suella Braverman can actually tell us what the government’s legal opinion is?

“If she refuses, it will be yet another reason why there must be an independent inquiry to review the government’s actions to tackle coronavirus.”

The Good Law Project group also wrote to the attorney general and Cabinet Office last month requesting information on any legal advice given by Ms Braverman on the issue of Mr Cummings.

“We believe the requests made are well grounded and we intend to litigate if they are refused,” a spokesperson said.

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