Tom Brake
Main Page: Tom Brake (Liberal Democrat - Carshalton and Wallington)Department Debates - View all Tom Brake's debates with the Home Office
(14 years ago)
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Damian Green
There were, I think, one or two substantive questions in the midst of that bluster. On the right hon. Gentleman’s first point, about why the Home Secretary is not here, it seems perfectly reasonable that if a question is asked about immigration, the Immigration Minister should answer it. He will also be aware that there is a serious counter-terror operation going on today. I would suggest that he and other Opposition Front Benchers who are attempting to bluster their way through this should recognise that fact.
The right hon. Gentleman asked a substantive question about the status of those who applied, but whose applications were not granted. The answer is that, as he is aware, the judgment was handed down on Friday; however, as he does not seem to be aware, the written judgment will not be available until January. Until the Home Office receives that written judgment, it is obviously impossible for us to decide whether to appeal against Friday’s judgment. All the questions that he asked about that are, therefore, simply inoperative until we see the written judgment. I am happy to confirm that, as the Home Secretary has said, it is still our target to bring immigration down from its uncontrolled, unsustainable level under the previous Government. As for the idea of publishing all legal advice given to Ministers, the right hon. Gentleman will be aware that this is a not a practice that was ever followed by the Government of whom he was a member. [Interruption.]
In response to the right hon. Gentleman’s sedentary heckling, I am happy to assure him that the announcement that the Home Secretary made on 28 June was changed as a result of the Pankina judgment, but clearly all legal judgments are open to interpretation. What I will set out in a written statement tomorrow will absolutely clear up the legal issues and address the narrow technical points made by the judge, and will mean that the interim limits can proceed on a completely legal basis. I hope that the House is reassured by that.
Tom Brake (Carshalton and Wallington) (LD)
What is very clear is that the policy is not being challenged. Has the Minister had any discussions with other Departments, such as the Cabinet Office, about what lessons can be learned about how the process has to be followed, and what consultation needs to be carried out?
Damian Green
That is a perfectly valid question. We are in constant discussions with the Cabinet Office. There are, as the hon. Gentleman is aware, many court cases involving immigration issues. The lesson that I draw is that more and more should be put in the immigration rules and not simply in the guidance notes. We have already started to adopt that as a policy, and will do so in the future.