The government’s decision to cut foreign aid without passing new legislation has been called unlawful by an ex-director of public prosecutions.
Lord Macdonald of River Glaven said No 10 acted outside the law when it ditched its policy of spending 0.7% of national income on aid.
His formal legal opinion was commissioned by senior Tory MPs campaigning to reverse the aid cut.
The advice says No 10’s decision could be tested in court via judicial review.
However, the Foreign Office said the government had acted in accordance with the International Development Act 2015 – a piece of legislation that enshrines the 0.7% target in law – and remained a world-leading aid donor, spending £10bn on aid this year.
Last autumn, the government said it would not meet the 0.7% target in the coming financial year and cut spending to just 0.5% of national income – a move that would save about £4bn a year.
Chancellor Rishi Sunak claimed the cut was needed to save money during the pandemic, and would be “temporary”.
The Foreign Office insisted the government had acted in accordance with the International Development Act – which explicitly envisaged circumstances when the 0.7% target was not met.
It added the government had sought legal advice throughout the process and remained a world-leading donor, spending £10bn on aid this year.