Attorney General Richard Hermer: Letter Challenges House of Lords Standards Commissioner Over Non-Registration of Matrix Chambers Limited.
This update follows up on this complaint:
Attorney General Richard Hermer failed to declare Matrix Chambers Limited and The Harbour Foundation.
Compliance assessment of the UK Attorney General, Richard Hermer.
The Commissioner for Standards has replied, see attached pdf. This is copied in full below:
Ref: 2425-69 16 May 2025
House of Lords London SW1A 0PW lordsstandards@parliament.uk www.parliament.uk/hl-code
Dear Ms Wright,
Thank you for your email of 7 May 2025 concerning the conduct of Lord Hermer. I have conducted a preliminary assessment of your complaint to determine whether it falls within the scope of the Code of Conduct and my remit to investigate.
Your complaint is that Lord Hermer breached the Code of Conduct because of his alleged failure to register two interests.
The Code of Conduct applies to members once they are introduced to the House (paragraph 3 of the Code). Lord Hermer resigned from his role in The Harbour Foundation on 7 July 2024, before he became a member of the House on 18 July 2024. There was therefore no requirement for him to have registered this interest.
Paragraph 16 of the Guide to the Code of Conduct states that new members have one month from taking their seat to register their interests. As Lord Hermer is recorded as having resigned from his role at Matrix Chambers Limited on 2 August 2024, within one month of becoming a member of the House, there was no requirement for him to have registered this interest.
Paragraph 11 of the Enforcement procedure states that the Commissioner will dismiss after a preliminary assessment all complaints “which are unsupported by evidence sufficient to establish a prima facie case that the Code has been breached”. I consider that there is no evidence of a breach in respect of either of these allegations. Therefore, I have dismissed your complaint.
I will also write to Lord Hermer to let him know your complaint has been made but that it will go no further.
Yours sincerely,
Margaret Obi
Commissioner for Standards
My reply:
Margaret Obi, Commissioner for Standards
House of Lords
London
SW1A 0PW
Date: 17 May 2025
Subject: Request for Reconsideration of Complaint Ref: 2425-69 (Lord Hermer)
Dear Commissioner Obi,
Thank you for your letter of 16 May 2025 regarding my complaint about Lord Hermer’s registration of interests.
I wish to clarify that my complaint concerns Lord Hermer’s declaration of interests upon entering the House of Lords on 18 July 2024, when the 13th Edition of the Code of Conduct (September 2023) was in force. Your response appears to reference the subsequent (14th) Code, but it is the previous Code that governs Lord Hermer’s obligations at the time of his introduction.
Clarification of the Relevant Provisions
Paragraph 17 of the 13th Edition Code states:
“Members are responsible for ensuring that their registered interests are accurate and up-to-date. They should register any change in their relevant interests within one month of the change.”
This paragraph deals with the ongoing obligation to keep the register up to date, but does not address the initial registration requirement for new members.
Paragraph 40 of the Guide to the Code of Conduct (13th Edition) is explicit:
“Members of the House of Lords are required to complete a registration form and submit it to the Registrar of Lords’ Interests within one month of taking their seat.”
This means that all relevant interests held as at the date of entering the House (in this case, 18 July 2024) must be declared within one month of introduction.
Correction of the Interpretation in Your Response
Your letter states:
"Paragraph 16 of the Guide to the Code of Conduct states that new members have one month from taking their seat to register their interests. As Lord Hermer is recorded as having resigned from his role at Matrix Chambers Limited on 2 August 2024, within one month of becoming a member of the House, there was no requirement for him to have registered this interest."
However, this is not an accurate reading of the Code. The statement you attribute to paragraph 16 is actually covered by paragraph 37 in the 14th Edition, which is paragraph 40 in the 13th Edition, quoted above. Paragraph 16 (in the 14th Edition) refers only to the updating of existing registrations after a change occurs.
Treating the one-month period as a grace period in which interests may be omitted if relinquished before registration is not supported by the text of the Code. The plain meaning is that the one-month period is a deadline to declare all interests held at the time of introduction, not a window in which to avoid registration by resigning interests.
Requirement for Late Registration
Paragraph 46 of the Guide to the Code of Conduct (13th Edition), which is applicable in this case, further states:
“46. All interests stay on the Register for one year after the date on which the interest ceased. An interest which is registered late and has already ceased by the time it is disclosed shall however remain on the Register for one year after the date of disclosure.”
If Lord Hermer registers Matrix Chambers Limited late-having held it at the time of his introduction but resigned within the first month-it should remain on the Register for one year after the date of disclosure, ensuring appropriate transparency.
I recognise that changes to the Code of Conduct, including the removal of the provision requiring late-registered interests to remain on the Register for one year after disclosure, fall outside the Commissioner's remit. However, I believe this change weakens transparency and accountability, and I respectfully suggest that the Conduct Committee consider reinstating this important safeguard in future revisions of the Code.
Conclusion
In summary, the Code in force at the time of Lord Hermer’s introduction required him to declare all interests held as at 18 July 2024, including his directorship of Matrix Chambers Limited, within one month. The subsequent resignation of this interest within that month does not negate the obligation to register it. If registered late, it must remain on the Register for one year after disclosure, as per paragraph 46.
I respectfully request that you review your decision in light of these provisions.
Yours sincerely,
Alison Wright
References:
Code of Conduct for Members of the House of Lords (13th Edition, September 2023), Paragraphs 17.
Guide to the Code of Conduct (13th Edition, September 2023), Paragraph 40, 46.
Observation on the Removal of parts of Paragraph 46 from the Revised Code of Conduct.
The deletion of paragraph 46 from the 14th Edition of the Code of Conduct (April 2025) weakens transparency and accountability in the House of Lords’ Register of Interests.
Key Changes
13th Edition (September 2023), Paragraph 46:
“All interests stay on the Register for one year after the date on which the interest ceased. An interest which is registered late and has already ceased by the time it is disclosed shall however remain on the Register for one year after the date of disclosure.”
14th Edition (April 2025), Paragraph 42:
This provision is revised to omit “An interest which is registered late and has already ceased by the time it is disclosed shall however remain on the Register for one year after the date of disclosure.”.
Impact of Removal
Reduced Accountability: The 13th Edition rule ensured that even lapsed interests, if registered late, remained publicly visible for a year post-disclosure. This prevented members from avoiding scrutiny by delaying registration until after an interest ceased.
Encourages Non-Compliance: Without this rule, members could theoretically resign from directorships or other roles, register them late, and have them immediately removed from the Register, obscuring potential conflicts of interest.
Public Trust: The deletion contradicts the Code’s stated purpose of “openness and accountability” (paragraph 3(b) of the Code) by creating a loophole that undermines transparency.
Broader Context
The 14th Edition’s removal of Category 10 (non-financial interests) exacerbates this issue, as unremunerated directorships and trusteeships are no longer registrable. Combined with the deletion of a He’ll significant part paragraph 46, this risks systemic underreporting of interests that could influence parliamentary actions.
Precedents like the 2021 Unlock Democracy report (search result 4) highlight how peers historically failed to disclose company affiliations, underscoring the need for robust rules to prevent similar lapses.
Recommendation
Paragraph 46 should be reinstated in the 14th Edition to align with the House’s commitment to transparency. This would ensure that late-registered interests remain visible, closing a critical accountability gap.
Citations:
I have received a third reply from the Lords' Registrar. My reply is below:
"RE: RE: Subject: Request for Clarification: Registration of Interests for New Members Upon Introduction
LR
To: Alison Wright;
23/05/2025 14:26
2
Dear Ms Wright,
Thank you for your email.
My advice to members and their staff is given in confidence. It is not the role of the registrar to make public pronouncements on how the code of conduct should be interpreted.
Yours sincerely,
Nicolas Besly"
My reply:
Dear Mr Besly,
Thank you for your reply.
I appreciate that advice to individual members is given in confidence. However, the Guide to the Code of Conduct (13th Edition, September 2023) makes clear that the Registrar’s role includes providing interpretive guidance on the Code’s requirements, and that the Registrar “is available to advise members of the House, and may consult the Committee when necessary” (Guide, p. 7). The Guide further states that “a member who acts on the advice of the Registrar in determining what the member is required to register or declare as a relevant interest fully satisfies the requirements of the Code of Conduct as regards registration or declaration” (Guide, p. 8).
Given the public importance of clarity on this point, and the fact that your advice helps set standards for both members and public understanding, I respectfully request that you either:
confirm the general principle that the initial registration should reflect all interests held at the date of introduction (even if resigned within the first month), or
refer this matter to the Conduct Committee for formal clarification, as permitted by your role.
This is not a request for confidential advice, nor for you to comment on the Commissioner’s decision in a specific case, but for clarity on a matter of public and constitutional significance.
Thank you for your attention.
Yours sincerely,
Alison Wright
The Lords' Registrar responded quickly and I've replied.
"Subject: Request for Clarification: Registration of Interests for New Members Upon Introduction
LR
To: Alison Wright;
23/05/2025 13:02
Dear Ms Wright,
Thank you for your email.
As you state, these matters were raised by you in correspondence with the Commissioner for Standards following a complaint you made. It would not be appropriate for me to second-guess the commissioner, so I do not wish to add to what the commissioner wrote to you.
Yours sincerely,
Nicolas Besly
Registrar of Lords’ Interests"
As the Registrar he ought to be able to provide clarity on this important point, independent of the Commissioner for Standards. I have sent the following response:
Dear Mr Besly,
Thank you for your prompt reply.
I appreciate that the Commissioner for Standards has ruled on my complaint. However, as Registrar of Lords’ Interests, your published duties include advising members and their staff on their obligations under the Codes of Conduct and providing interpretive guidance on registration requirements, independent of any investigation or complaint.
Given the significance of this point for the integrity of the Register and the Code’s stated purpose of “openness and accountability,” I am seeking your expert clarification on the following matter of interpretation:
Does the obligation to register interests within one month of taking a seat require new members to declare all interests held at the date of introduction, even if those interests are resigned within the first month?
I am not seeking a review of the Commissioner’s decision, but rather your guidance as Registrar for the benefit of all members and the public. If you feel unable to provide a view, could you please confirm whether you will refer this matter to the Conduct Committee for formal clarification?
Thank you for your attention to this important point.
Yours sincerely,
Alison Wright
Citation:
Current-at-March-2025-hl-code-of-conduct.pdf, Guide to the Code of Conduct, “Advice and review,” p. 7-8.