Frank Gregory

Starmer and Hermer Built the Machine Together. Now They Run the Country. In 2007, two barristers worked without pay on a case that would change the legal landscape for every British soldier who had served in Iraq. Keir Starmer and Richard Hermer appeared as interveners in Al-Skeini v Secretary of State for Defence, representing eleven human rights organisations including Amnesty International and Liberty. Their argument was that the European Convention on Human Rights should apply to British forces operating overseas. They lost in the Court of Appeal. They appealed to the House of Lords. They lost again. But the legal principle they had argued for eventually prevailed at the European Court of Human Rights, and what followed was the Iraq Historic Allegations Team, sixty million pounds of public money, seven years of investigations, and not a single prosecution. The soldiers it pursued were, in almost every case, found to have acted properly. Starmer believed in it enough to do it for free. Johnny Mercer, who spent years dismantling the consequences, put it plainly. Starmer had insisted on doing it for free. That is not the behaviour of a barrister following the cab rank rule. That is ideological conviction. Hermer's conviction, it subsequently emerged, was not without financial reward once the machinery was running. Documents obtained by the Daily Telegraph show that having helped establish the legal architecture pro bono in 2007, Hermer then used that same architecture to pursue Iraqi claims against British soldiers at £450 an hour, fifty percent higher than the only other KC involved in the group action. He set his success fee at the maximum level permitted, one hundred percent of his normal rate. The MoD's own lawyers challenged his fees as excessive and said he was too junior to command that rate. He is thought to have earned around six figures from the broader group action. The claims he was pursuing were eventually ruled to be deliberate lies. The soldiers were fully exonerated. Sergeant Richie Catterall had been cleared of wrongdoing by the British Army in 2003 for a fatal shooting in Basra. The Army found he had acted in self-defence. The legal precedent Starmer and Hermer established triggered two further investigations spanning thirteen years. A 2016 inquiry again concluded he had acted in self-defence and found a false document had been created to shift blame onto the military. Catterall was finally exonerated. He told the Telegraph he was gutted that Starmer had helped bring the case against him and that the Prime Minister owed him an apology. Starmer is now Prime Minister. Hermer is now Attorney General, appointed by Starmer personally, elevated to the House of Lords specifically for the role, chosen over Emily Thornberry who had held the shadow brief. The former head of the Army, General Sir Peter Wall, has said Hermer's role in the Al-Sweady claims was tantamount to treason. A former commanding officer of 22 SAS said Hermer must step down. The Bar Standards Board has been asked to investigate. Nigel Farage has reported Hermer to the House of Lords standards commissioner. The Troubles Bill that is now subjecting Northern Ireland veterans to the same lawfare is not an accident of policy. The process that drove Fred, a special forces veteran, to attempt suicide after his medical records were handed to terrorists' families was not an oversight. The machine that cost sixty million pounds and produced no prosecutions was not a mistake. Starmer and Hermer built it together, one working for free out of conviction, the other later working for maximum fees out of the same conviction, and now both occupy the positions from which they can ensure the machine keeps running.