The government is calling for the Solicitors Regulation Authority to use the “full force of sanctions” following reports of lawyers allegedly offering to help people make false asylum claims.
The Daily Mail reported numerous solicitors agreed to help an undercover reporter posing as an economic migrant submit a false asylum application in exchange for thousands of pounds.
The SRA is an independent regulatory body for solicitors in England and Wales. Its rules prevent lawyers from misleading courts, and acting dishonestly or with a lack of integrity could see someone struck off.
Justice Secretary Alex Chalk has written to the SRA and has also called for a follow-up to the review the body carried out on immigration advice last year – highlighting the importance of “ensuring public confidence in our immigration system”.
Prime Minister Rishi Sunak said: “While the vast majority of lawyers take their professional responsibilities seriously, these allegations of exploitation and unscrupulous practice brought to light by the Mail are truly shocking and it is vital that those found to be abusing their position face the full consequences of their actions.
“I am determined to rebuild the public’s confidence that it is their country and their government who should decide who comes here, not people looking to profit from undermining our laws.
“That’s why this government will continue to strain every sinew to end the abuse of our system and stop the boats.”
In his letter to the SRA, Mr Chalk said: “I would strongly encourage you to use the full force of sanctions available to you against solicitors where there is a finding of a breach.
“Solicitors are critical to the operation of a fair immigration system. I know that the overwhelming majority take their professional duties and obligations extremely seriously.
“However, any examples of practices which fall short of the high ethical standards we expect of solicitors risk serious disruption to the immigration system, tarnishing the reputation of those working in this area, and critically undermining public confidence.”
On the review, he added: “Ensuring public confidence in our immigration system is a top priority for the government. I was therefore appalled to read recent examples in the media of apparent abuse of the system by individuals relied upon to give legal advice.
“In light of these recent allegations, I would urge you to undertake a targeted follow-up to last year’s thematic review as soon as possible.”
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The SRA’s immigration and asylum thematic review found the overall quality was satisfactory and there were no widespread or systemic failings or issues with quality.
However, there were areas for improvement, such as evidence of supervision and reporting of misconduct.
David Lammy has confirmed there will be an independent investigation into the accidental release of a migrant jailed for sex offences, as he blamed “human error” for the incident.
The deputy prime minister and justice secretary told MPs he was “livid” on behalf of Hadush Kebatu’s victims and he would be deported back to Ethiopia “as quickly as possible”.
Kebatu, who was found guilty in September of sexually assaulting a 14-year-old girl and a woman in Epping, was freed in error from HMP Chelmsford in Essex on Friday instead of being handed over to immigration officials for deportation.
Image: Migrant sex offender found and arrested after manhunt
His accidental release sparked widespread alarm and a manhunt that resulted in him being found and arrested by the Metropolitan Police in the Finsbury Park area of London at around 8.30am on Sunday.
Addressing MPs in the House of Commons, Mr Lammy said the mistake should not have happened as he sought to lay part of the blame on to the Conservatives over the state of the prison system over the past 14 years.
He said “there must and there will be accountability” for the mistaken release of Kebatu from prison.
“I’ve been clear from the outset that a mistake of this nature is unacceptable,” he said.
“We must get to the bottom of what happened and take immediate action to try and prevent similar releases in error to protect the public from harm.”
Mr Lammy said he ordered an “urgent review” into the checks that take place when an offender is released from prison, and new safeguards have been added that amount to the “strongest release checks that have ever been in place”.
The justice secretary said the investigation would be led by former Metropolitan Police deputy commissioner Dame Lynne Owens, who also used to lead the National Crime Agency.
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Witness describes confusion outside prison
He also said the investigation would have the same status as high-profile probes into other prison incidents, including the attack on three prison officers at HMP Franklin in April of this year and the escape of Daniel Khalife from HMP Wandsworth in 2023.
‘Calamity Lammy’
Shadow justice secretary Robert Jenrick referred to a report by Sky News which detailed how a witness present at the prison observed Kebatu appearing “confused” upon his release.
The witness said Kebatu had in fact tried to go back into the prison several times, but was instead guided to Chelmsford station, where he caught a train to London.
Mr Jenrick claimed the case was proof “the only illegal migrants this government are stopping are those that actually want to leave the UK”.
“Dear oh dear,” he said. “Where to begin? This justice secretary could not deport the only small boat migrant who wanted – no – who tried to be deported.
“Having been mistakenly released, Hadush Kebatu came back to prison asking to be deported not once, not twice, but five times, but he was turned away.”
He went on: “The only illegal migrants this government are stopping are those that actually want to leave the UK.
“His officials, briefing the press, called it the mother of all – yeah, they’re not wrong, are they?”
Mr Jenrick, who served as immigration minister under the previous Conservative government, branded his opposite number “calamity Lammy”.
“It’s a national embarrassment and today the justice secretary feigns anger at what happened.”
Continuing with his attack, Mr Jenrick asked Mr Lammy whether he would resign if Kebatu was not deported “by the end of the week” – to which he received no reply.
But asked later by an MP whether he was considering his position, Mr Lammy replied: “A ridiculous question, the answer is no.”
The new checks announced by Mr Lammy on Monday involve five pages of instructions and require more senior prison staff to sign off a release, according to documents obtained by Sky News.