The Wolfson issue, which has emerged in recent days ,is not something I would normally comment on as a member of the Welsh Parliament. But as a second generation Ukrainian, with family serving in Ukraine and family who have had their homes destroyed by Russian bombing I feel I am entitled to express my views.
I worked as a Solicitor for 35 years and previously served as Counsel General to the Welsh Government under three First Ministers. Although justice is not fully devolved, the role was the Welsh equivalent of Attorney General in respect of Welsh Law, human rights and rule of law compliance. As the former senior law officer for Wales, I therefore feel I have something to contribute to the current discussion.
The Shadow Attorney General, Lord Wolfson representing Roman Abramovich raises serious issues of integrity and transparency in politics. The issue it relates to is the transfer of frozen Russian assets to Ukraine and in particular the two and a half billion pounds frozen since the sale of Chelsea football club. It also has broader implications regarding important decisions that may relate to Ukraine or similar national and international issues.
It is the policy of both Labour Government and Conservative opposition in Westminster that the funds should be used to support Ukraine.But the hegemony appears to end there.
The Conservatives have long been coy about their involvement with Russian oligarchs and financial interests. A report commissioned after the Skripal poisonings was delayed and a Select Committee inquiry into Russian interference in UK democratic processes concluded that the UK Government had not seen any evidence to support such interference only because they had not sought it.
London is recognised across the world as the Russian money laundering capital of the world. Hence the importance of the inquiry which has now been announced. It is vital that this inquiry looks under all the stones and reveals the true extent of Russian interference, hybrid, political, economic and financial into UK and broader political and electoral processes.
The recent Nathan Gill case involving a former Reform leader for Wales who was sentenced to ten and a half years in prison for accepting Russian bribes whilst a serving UK elected member of the European Parliament and, incidentally, a member of the Welsh Parliament suggests that his example may be only the tip of the iceberg. The leader of Reform Nigel Farage is well known for his past sympathy for Vladimir Putin and has been a regular performer for Russia Today. Police investigations into other possible offences involving other former EU Parliament members are continuing.
So against this backdrop, the issue of Ukraine, frozen assets, sanctions and links with Russia are not only politically toxic but also matters of considerable public interest.
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Of course the UK Conservative leader Kemi Badenoch can do what she likes. The Shadow role is not a Government role – it is an opposition role. There is no constitutional reason why Lord Wolfson cannot carry on advising Roman Abramovich and advising overtly or discreetly the opposition.
But of course, there are ethical and political issues.
If you accept a role as important as Shadow Attorney General you are a legal adviser to Her Majesty’s opposition. That is an important conventional role in our parliamentary structure. A leader of the opposition who wishes to promote the highest of standards has to be and has to be seen to be independent of undue vested interests. Failure to achieve this undermines not only parliament but also confidence and public trust in parliament.
Lord Wolfson’s expressed opinion is that there is no conflict of interest; that he has excused himself from offering any advice on Ukraine and that as Shadow Attorney General he is not a member of the shadow cabinet, but serves as an adviser to it on legal issues.
I do not believe that is credible.
Integrity as with justice has not only to be done but it has to be seen to be done. It is not enough to say there is no conflict, there must be no perception of conflict. With the greatest of respect, it beggars belief that any reasonable person would not question this. It fails the test of public credibility and parliamentary integrity.
When any issue on Ukraine, war crime tribunals, frozen assets, sanctions or other actions relating to Russian intrusion into UK political affairs is discussed; when any issue relating to international law and the rule of law arises; the question of conflict and undue influence will arise.
Lord Wolfson is undoubtedly a man of integrity and unscrupulous honesty and as such he surely will understand the risks.
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The ‘cab rank’ rule relied on does not apply in these circumstances. Where a conflict of interest overt or perceived arises it is perfectly proper to decline a brief. The brief he has described is outside the England and Wales jurisdiction so it is questionable whether this argument has any validity in any event.
Wolfson must resign as Shadow Attorney General or decline the brief or Kemi Badenoch must appoint a new Shadow Attorney General.
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