Law Society warns focus on tiny minority of lawyers should not deflect from wider problems in asylum system
The Home Office and Ministry of Justice announced in a press release today that action will be stepped up to support regulatory action and prosecution of unscrupulous immigration lawyers.
Image credit: UK GovernmentIt comes in the wake of the recent closing down of three firms by the Solicitors Regulation Authority (SRA) after a Daily Mail article alleged they had encouraged an undercover reporter to submit false asylum and human rights claims.
The Home Office and Ministry of Justice said: "The vast majority of lawyers act with professionalism and integrity but, as recent media reports have demonstrated, a small minority have been helping illegal migrants stay in the UK by encouraging them to make false claims."
A meeting is being held today between the Home Secretary, the Lord Chancellor, the SRA and the Office of the Immigration Services Commissioner (OISC) which the Government says will reiterate its drive to bring prosecutions against corrupt lawyers.
The Lord Chancellor said the accuracy and honesty of legal advice underpins the integrity of the UK's legal system, so those who undermine it by encouraging deception must be held to account.
"Lawyers found to be coaching migrants on how to remain in the country by fraudulent means could be prosecuted under the Immigration Act 1971, Section 25, for 'Assisting unlawful immigration to the UK' and face a sentence of up to life imprisonment," the Government's press noted.
The press release highlighted the role that the new Professional Enablers Taskforce will have in increasing enforcement action against corrupt immigration lawyers. While the taskforce has been up and running for the past few months, today sees it being officially launched.
According to the Government, the taskforce is supporting enforcement action against corrupt lawyers by building stronger evidence and improving intelligence sharing. Evidence is then passed on to regulatory bodies to investigate and, if necessary, brought forward to law enforcement for prosecution.
In response to today's announcement, the Law Society deputy vice president Richard Atkinson said: "This 'taskforce' has been around for months now, so it is not clear what, if anything, the government is announcing today. The government and regulators should share intelligence about immigration advisers of all kinds if they have concerns. And, of course, action should be taken immediately if there is evidence of wrong-doing. The government, regulators and law enforcement agencies already have the powers they need to deal with immigration advisers engaged in misconduct."
Atkinson noted that the overwhelming majority of immigration lawyers continue to support the rule of law through their adherence to the law and professional standards set by the SRA and provide an essential service to clients.
"The focus of the Home Office on a tiny minority of lawyers to which they are apparently applying considerable resources should not deflect from the fact that there remains significant backlogs in asylum claims or the unworkability of the Illegal Migration Act," Atkinson added.
The Press Association (PA) reported that the Law Society's David McNeill told BBC Radio 4: "This task force which they tout with such aggressive language has been in existence for months now so really from our perspective it just looks like a bit of lawyer-bashing as a distraction from really bad news for the Government on the number of asylum seekers now accommodated in hotels."
The Bar Council also responded to today's announcement.
Nick Vineall KC, Chair of the Bar Council, said in a statement: "The role of lawyers is to advise and represent their clients whilst observing the ethical and conduct rules which apply to them. If and when lawyers breach those ethical and conduct rules it is right and necessary that they are identified and sanctioned appropriately. It is right that the government recognises that the vast majority of lawyers act with professionalism and integrity. It is essential that the public can have confidence in the legal professions. The Taskforce must not fall into the trap of identifying lawyers with the causes of their clients, nor should it assume that misbehaviour by clients amounts to misbehaviour by lawyers."
Writing in the Guardian this afternoon, Jacqueline McKenzie, head of immigration at Leigh Day solicitors, said that Conservative Party HQ had prepared a dossier on her and sent it to the press at the weekend in order to smear Keir Starmer for links to people who had challenged the Rwanda policy.
McKenzie said the "vile and self-serving" hit job had put her and those close to her at considerable risk of physical harm.
She added: "This flagrant attack on my rights, built on misinformation and mischaracterisation and underpinned by racism and misogyny, is a dark day for our political sphere. It represents a serious slur on the integrity and independence of thousands of hardworking and upstanding lawyers. The positive, however, is that millions of people in the UK see the behaviour of this arm of the ruling party as unacceptable. Judging by the vast amount of support I've received, not only from friends and colleagues, but from many strangers too, this government hit job has spectacularly backfired."
In related news, the Financial Times (FT) reported last week that 66 immigration law firms wrote to the Lord Chancellor warning that they would have to reduce work on asylum claims and decline all new work under the Illegal Migration Act because of low legal aid fees.
The firms noted that the hourly fees have not been increased since 1996 and were insufficient to cover costs.
The Ministry of Justice recently held a consultation on proposals to increase hourly rates by 15%, though only for work undertaken pursuant to Clause 55 of the Illegal Migration Act.
"We are consulting with providers to make sure the sector can meet increased demand for legal advice," a Government spokesperson told the Financial Times.
Jeremy Bloom at Duncan Lewis told the FT that unless the government acts decisively, the impact will be felt by asylum seekers who may be detained and removed from the UK without being able to access legal advice and representation.