A recent video released by the UK Home Office labelling lawyers as ‘activists’ has caused a backlash from members of the legal profession. 

The video describes efforts made by the Home Office to prevent migrants from remaining in the UK. It goes on to detail how ‘rigid’ regulations which are ‘open to abuse’ have compromised deportations and allowed so called ‘activist lawyers’ to disrupt the efforts of the Home Office. 

The video is the latest step in a campaign by the UK government to highlight in a negative light the number of vulnerable people attempting to enter the UK, this time with the blame shifted onto legal professionals.

LAWYERS SIMPLY DOING THEIR JOBS

The implication that lawyers are increasingly involved in politics, and preventing the government from doing its job, is at the root of the backlash. The government’s use of “activist” portrays lawyers as carrying out anti-government campaigns, rather than simply doing their jobs.

According to the United Nations Basic Principles on the Role of Lawyers (which is unrelated to the European Union, despite the Home Office video suggesting returning migrants will be easier once the UK leaves the EU), governments should inform the public about their legal rights and duties, as well as the importance of lawyers in protecting these rights. Furthermore, governments should ensure that lawyers are able to carry out their jobs without intimidation, hindrance, harassment, or improper interference. Consequently, it is the role of a government to ensure that people are made aware of their rights and given the opportunity to have legal representation in matters such as seeking asylum – a right provided by Article 14 of the Universal Declaration of Human Rights. By returning migrants without giving them this opportunity, and by undermining the work of the legal profession, the government risks ignoring their obligations under international law. 

The role of an immigration lawyer is to provide advice to those who are unfamiliar with the UK legal system, and ensure that their rights are not denied. In doing so, they are simply showing people how the law – created by Parliament – is, and should, be applied. Furthermore, lawyers ensure that the government’s immigration policy follows the law. However, the video clearly demonstrates that the current government is averse to being held to account when they are potentially acting unlawfully.

JUSTIFIED BACKLASH

Unsurprisingly, the video has been condemned by many, with ‘Legal Twitter’ bombarded with furious tweets over the disrespect and misleading remarks directed towards the profession. 

Notably, the Law Society released a statement claiming that the accusation undermines the rule of law. They stated that “to describe lawyers who are upholding the law as ‘activist lawyers’ is misleading and dangerous’’ and emphasised that “It is vital…that each case is judged on merit and it is the role of the justice system to determine the validity of claims. This function is and must remain independent of government.”

The Bar Council also released a statement over the “irresponsible” and “misleading communication” surrounding the work that lawyers do “in the public interest.” Furthermore, it states that these communications from the government are “extremely damaging’ to society.”

In response to this backlash, Home Office Permanent Secretary Matthew Rycroft agreed that the phrase “should not have been used” and that the post will not be used again, however it is yet to be taken down from official government channels. Despite this assurance, the phrase was again used by Home Secretary Priti Patel on 3 September, a week after the original post.

Tanya is a Law student heading into the final year of her degree at the University of Manchester. She is interested in bringing attention to human rights issues arising from her Pro-Bono work at University (volunteering at the Legal Advice Centre and taking part in volunteering projects). Her main goal is to become a Barrister practising in either Criminal or Family Law. 

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