It’s probably worth saying at this point something I’ve said before, lest it gets lost in the sands of time and political rhetoric about immigration and illegal entry, and how we got to this point.
I was an immigration officer in the 1970s and 1980s. The power to grant or refuse leave to enter was vested to me in law under the authority of a Chief Immigration Officer. Anyone arriving without a valid passport (and a visa if required) was refused entry at the border, detained, and removed on the next available ship or aircraft whence they came. This was under the Immigration Act 1971 (still
In force although amended massively by successive governments ever since). It was some 20 - 30 years after the 1951 ECHR and the 1951 Refugee Convention was signed.
Nobody claimed asylum. Nobody claimed human rights. No country refused to take people back. Those who had destroyed their passports were removed on a letter, signed by me.
Fast forward 50 years and now anyone who arrives at the border without a passport or a visa automatically claims asylum or human rights. Immigration Officers of today (or Border Force Officers) are thereby disempowered to send them back before their asylum claims or human rights claims are considered. And their appeals are dismissed. They cannot be detained in the meantime because under the Hardial Singh principles immigration detention is only lawful if there is a realistic prospect of removal within a reasonable period of time. Which there isn’t of course. So the only option available to the officer is to grant temporary permission whilst these applications are considered. And if the applicant claims to be destitute they must be given support and accommodation at public expense. Because failure to do so would put the government in breach of A3 of the ECHR (inhuman and degrading treatment). And even if the applicant is eventually refused protection - and loses their appeal - we need to get a passport to remove them on. And they often refuse to comply with the documentation process. Even if they do many countries still refuse to issue them with a passport and refuse to take them back. And even after all this they can abscond and if ever caught start the whole process again.
This is where we are and so far no government has been able to break the Gordian knot that ties the hands of our officers. In order to do that they would have to reverse decades of laws and judgements - and demur from long held well intentioned international conventions. And probably look at the British Constitution itself to curtail the opportunity of political opponents to use the courts to thwart the will of Parliament.
This is not to criticise or favour any political party or policy. It is simply a matter of record to inform the next generation of politicians and the civil servants charged with the duty of implementing any new laws or policies they may introduce.
And to ask why - if we did it back in my day - why can’t we do it now?
I even wrote a book about it. I hope someone keeps a copy for posterity - or even history - when thinking about how to fix this seemingly intractable problem.
https://t.co/EJ4WPWXCzK
In other words, illegal migrants are now simply a fact of life in England, so we need to spread the sexual assault and murder more evenly. Labour don’t sincerely want to stop the boats. They just want to minimise it as a political issue.
I’ll respond to Andy Burnham from the hosting chair on The Late Show Live. @GBNEWS 12am.