By Ann Higgins
Photo by Deniz Fuchidzhiev on Unsplash
Those of us who hoped that the chaos in the US might have subsided by now are, I suspect, feeling rather disappointed as the new president and his sidekick continue their assault upon US democracy and its constitution, the judiciary being the only apparent line of defence. Which of course raises the question will that line hold? This set me wondering how well protected our own systems are against the sort of assault to which those in the US are being subjected. If, like me, you are concerned by this you might like to write to your MP and ask them about it.
The subject of the interplay of the rule of law and government policy in the UK cropped up very recently in the PMQs of 12 February, when Kemi Badenoch, upon whose shoulders the job as leader of the Tory party and of His Majesty’s loyal opposition does not sit easily, raised the issue of the recent case in which a Palestinian family from Gaza won its appeal to be allowed entry into the UK under the Ukraine refugee scheme. Taking her information seemingly from press reports rather than from the official court record, she was very concerned about whether the government was going to appeal the decision (though the advice they will have had or will be seeking is privileged) and was oblivious to the fact that the PM told her three times that the government was looking at how to close the loophole – one created by her own party when they created the Ukraine refugee scheme. Given the government’s sizeable majority changing the law may seem to them to be the easiest course, and it would also respect the decision of the court which, as the law stands, is probably correct.
Another current case which raises legal issues is that of the fate of the Chagos Islands about which Ms Badenoch was also very exercised, in particular about the position of the Attorney General Lord Hermer KC. In his previous role as a barrister he gave legal advice to certain Caribbean nations on reparation claims about a decade ago. This she suggests somehow casts doubt upon his patriotism and ability to advise the government now on its stance on the Chagos Islands. However, as the PM reminded her, it has never been a part of our legal system that lawyers are identified with their clients, which could lead for example to alleged rapists being unrepresented and their victims being cross examined by their abusers. “Was that what she and those seated on the opposition benches behind her wanted?”, he asked. Those Tory MPs brave enough to be sitting behind her with the cameras on them didn’t look too impressed. As the Guardian’s John Crace suggests, how much longer can she last? (By the way, a slight error in Mr Crace’s excellent article – the Gazan family has not been given citizenship but entry clearance to join their family member who has lived in the UK for over 15 years).
