Yvette Cooper defended Government criticism of a decision allowing a Palestinian family to come to Britain after the country’s most senior judge rebuked Sir Keir Starmer and Kemi Badenoch for political exchanges about the case.
The Home Secretary said Labour would press ahead with its plan to close “loopholes” in the system which she suggested had led to the claimants being granted right to remain after applying through a Ukrainian refugee scheme.
The family, who have been granted anonymity, appealed against a decision dismissed by a first-tier immigration tribunal judge in September but a further appeal was allowed by upper tribunal judges in January.
During Prime Minister’s Questions last week, both Sir Keir and his Conservative opposite number described the finding as “wrong” in heated exchanges which were later branded “unacceptable” by Lady Chief Justice Baroness Carr.
But Ms Cooper held firm on Tuesday, saying: “We’ve been very clear that this was a case that we fought, and this is the case that we fought in the courts, and that this is a case that we disagreed with, and it’s why we’re looking at the loopholes that need to be closed.”
In last week’s PMQs, Sir Keir had said the Home Secretary had got her team “working on closing this loophole” after the Tory leader questioned him about the decision.
Baroness Carr told reporters on Tuesday: “I think it started from a question from the Opposition suggesting that the decision in a certain case was wrong, and obviously the Prime Minister’s response to that.
“Both question and the answer were unacceptable.
“It is for the government visibly to respect and protect the independence of the judiciary.
“Where parties, including the government, disagree with their findings, they should do so through the appellate process.”
The judge said she has written to the Prime Minister as well as to the Lord Chancellor, Shabana Mahmood, who is also Justice Secretary, about her concerns.
The family applied for entry to the UK using the Ukraine Family Scheme to join the father’s brother, who has lived in the UK since 2007 and is a British citizen, but this was refused in May last year after the Home Office concluded the requirements of the scheme had not been met.
An initial appeal was dismissed but a further appeal was allowed by upper tribunal judges on the grounds of Article 8 of the European Convention on Human Rights, which protects the right to family life, after a hearing in January.
Responding to a question from Mrs Badenoch last week, Sir Keir said: “I do not agree with the decision.
“She’s right, it’s the wrong decision. She hasn’t quite done her homework, because the decision in question was taken under the last government according to the legal framework for the last government.
“But let me be clear, it should be Parliament that makes the rules on immigration. It should be the Government that makes the policy, that is the principle, and the Home Secretary is already looking at the legal loophole which we need to close in this particular case.”
The Tories dismissed Baroness Carr’s concerns on Tuesday and argued that politicians should be able to discuss issues of “crucial public importance”.
Mrs Badenoch said: “This doesn’t compromise the independence of the judiciary.
“The decision to allow a family from Gaza to come to the UK was outrageous for many reasons. The Prime Minister couldn’t even tell me whether the Government would appeal the decision.
“He pretended he was looking at closing a legal ‘loophole’. This is not just some legal loophole that can be closed, but requires a fundamental overhaul of our flawed human rights laws.”
Speaking to reporters, Baroness Carr also highlighted her concerns about “what appears to be a mounting campaign of attacks on judges”.
She said: “It is not acceptable for judges to be the subject of personal attacks for doing no more than their jobs – their jobs to find the facts on the evidence before them and apply the law as it stands.”
She added that if judges get it wrong, the protection is a challenge on appeal, and if the legislation is wrong it is Parliament’s prerogative to legislate.
Baroness Carr continued: “They (judges) do not court publicity, and they cannot speak out to defend themselves. They speak only through their judgments, and frankly, judges deserve better.
“A directly related issue is security. Concerns over judicial security are at an all-time high, unfair or sensational, negative reporting creates real everyday risks to the safety of judges and their families.”
A Government spokesperson said: “The Prime Minister has made clear that it is for Parliament to make the laws and for the Government to decide policy.
“Where the law is not working as we think it should be, the Government will take action to tighten up the rules – and that is what we are doing.
“As a former chief prosecutor, the Prime Minister’s respect for the judiciary, the role they play in our democracy and the rule of law is beyond question.”
