Kemi Badenoch
Main Page: Kemi Badenoch (Conservative - North West Essex)Department Debates - View all Kemi Badenoch's debates with the Cabinet Office
(1 week, 2 days ago)
Commons ChamberThe Conservative Government established the Ukraine family scheme. In total, more than 200,000 Ukrainians—mostly women, children and the elderly—have found sanctuary in the UK from Putin’s war. However, a family of six from Gaza have applied to live in Britain using this scheme, and a judge has now ruled in their favour. That is not what the scheme was designed to do. This decision is completely wrong, and cannot be allowed to stand. Are the Government planning to appeal on any points of law, and, if so, which ones?
Let me be clear: I do not agree with the decision. The Leader of the Opposition is right that it is the wrong decision. She has not quite done her homework, however, because the decision in question was taken under the last Government, according to their legal framework. However, let me be clear: it should be Parliament that makes the rules on immigration; it should be the Government who make the policy. That is the principle. The Home Secretary is already looking at the legal loophole that we need to close in this particular case.
The Prime Minister did not answer the question. If he plans to appeal, the appeal might be unsuccessful, and the law will need to be changed. If he does not appeal, the law will definitely need to be changed. He talks about a decision made under the previous Government, but it was not made by that Government; it was made by the courts. The issue we are discussing today is about judicial decisions. We cannot be in a situation where we allow enormous numbers of people to exploit our laws in this way. There are millions of people all around the world in terrible situations—we cannot help them all, and we certainly cannot bring them all here. Will the Prime Minister commit to bringing forward that new legislation or amending his borders Bill?
I have already said that the Home Secretary has already got her team working on closing this loophole. We do not need to wait for that; we are getting on with that, because we are taking control. The Conservatives lost control of immigration: we had nearly 1 million people come into this country; we had an open borders experiment. On Monday this week, they voted against increased powers to deal with those who are running the vile trade of people smuggling. Same old Tories: open borders, empty promises.
If the Prime Minister was on top of his brief, perhaps he would be able to answer some questions. Given this crazy decision and so many others, new legislation is needed to clarify the right to a family life in article 8. [Interruption.] I am not talking about what he just said; I know Labour MPs do not understand much of what they are saying. The Prime Minister literally wrote a book on the European convention on human rights. This is a situation where we need to put our national interests before the ECHR. Does he agree that we should legislate, even if lawyers warn that that might be incompatible with human rights law?
The right hon. Lady complains about scripted answers; her script does not allow her to listen to the answer. [Hon. Members: “More!”] She asked me if we are going to change the law and close the loophole in question one—I said yes. She asked me again in question two—and I said yes. She asked me again in question three—it is still yes.
The right hon. and learned Gentleman did not listen to question one. I asked if he would appeal the decision. He did not answer that. He is not listening; he is too busy defending the international human rights law framework.
This case has arisen because a Palestinian came to the UK from Gaza in 2007. He is now a British citizen. This is precisely why we need to break the conveyor belt—from arriving in the UK to acquiring indefinite leave to remain and then a British passport, and now a right to bring six family members here as well. Just last week, the Prime Minister bizarrely claimed that a British passport was not a pull factor for those coming to the UK. Will he now support our plans to toughen the process on indefinite leave to remain and make getting a British passport a privilege, not a right?
The Conservatives presided over record high levels of immigration. It reached nearly 1 million. It was a one nation experiment in open borders. The right hon. Lady was the cheerleader; she was the one campaigning for more people to come and thanking her own side when they supported her campaign. So, before she lectures us, she needs to reflect on her own record.
The right hon. and learned Gentleman is the Prime Minister now. The people out there want to know what he is going to do about the situation. He needs to spend less time whining about the last Government and do his job.
I thought the Prime Minister and I agreed that Israel had a right to defend herself, yet the judge in this case noted that the family were facing a humanitarian crisis
“as a consequence of the Israeli Government’s indiscriminate attempts to eliminate Hamas”,
and Government lawyers accepted that. Is the Prime Minister allowing lawyers to change the position on Israel, and was that because of advice from the Attorney General? If not, why on earth did Government lawyers accept the argument that Israeli actions were “indiscriminate”?
Government lawyers put the complete opposite argument. The right hon. Lady talks about being on top of her brief; she has no idea what she is talking about. I will tell her again: we need to change the law. That is why the Home Secretary is already closing the gap. I know the script does not allow any adaptation, but this is getting tedious.
The Prime Minister has not read the judgment. I suggest that he does so. Very serious questions are now being asked about the Attorney General, the Prime Minister’s personal friend and donor. Even Labour Ministers are concerned. One Labour peer, Lord Glasman, has called him
“the absolute archetype of an arrogant, progressive fool”.
If we are serious about protecting our borders, we need to make sure that we appoint people who believe in our country and everything we stand for. It is not clear that the Attorney General does.
The Government are now recruiting a new chief inspector of borders, who lives in Finland and wants to work from home. This is not serious. Why should the British public put up with it?
The individual in question was appointed in 2019 by the last Government to a senior position. He then worked for five years from Finland. We have changed that, and he will now be working from the United Kingdom full time. It was Finland under them.
The Leader of the Opposition talks about the Attorney General; she sat round the Cabinet table with an Attorney General who was later sacked for breaching national security.