Padraig Colman

Rambling ruminations of an Irishman in Sri Lanka

Tag: Home Office

Cutting to Spite Part Two

A shorter version of this article appeared in Ceylon Today on Thursday May 25 2018.

 

The National Health Service is already chronically understaffed – even before Brexit comes into operation. In many sectors of the British economy there are labour shortages. Net migration to the UK fell by 106,000 to 230,000 in the year following the EU referendum. The number of EU citizens leaving the UK has increased – up 28,000 to 123,000. Professor Jonathan Portes, a former chief economist for the Cabinet Office and senior fellow of the group UK in a Changing Europe, said: “Whatever your views on the impact of immigration, it cannot be good news that the UK is a less attractive place to live and work, and that we will be poorer as a result.”

Rotting Crops

The NFU (National Farmers’ Union) monthly labour survey showed a 29 per cent shortfall in seasonal workers for horticulture businesses in September 2017. Low unemployment rates and the seasonal nature of farm work makes it difficult to attract domestic pickers, which means the UK farming industry is heavily dependent on pickers from the EU. The UK has become less attractive to workers from Romania and Bulgaria because of the fall in the value of sterling against the euro since Britain voted to leave the EU. Fruit and vegetables are being left to rot on British farms. A soft fruit farmer in Scotland who grows 350 tons of blueberries had to leave between 50 to 100 tons to waste at a cost of £500,000 because of a labour shortage. A Kent soft fruit farmer couldn’t find enough labour to pick 100 tons of raspberries, out of a total of 2,000 tons, and lost £700,000. Farmers were reluctant to speak publicly about this for fear that supermarket groups would think they were not running their businesses effectively.

Service Sector

It is not just manual labour that is in short supply because of government policy. Research by the British Chambers of Commerce (BCC) showed 71% of businesses in the services sector are finding it difficult to hire the right workers – the highest figure ever recorded. BCC director general Dr Adam Marshall said: “Labour and skills shortages are set to be the biggest potential drag anchor on business in 2018, since ultimately it is people that make businesses work.

Entrepreneur Drain

Many skilled people and entrepreneurs are being threatened with deportation. The Home Office sets out in its Immigration Rules general grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the UK. Paragraph 322(5) of the Immigration Act was designed to tackle criminals and terrorists. The wording is very loose and discretionary and offers everything to the Home Office yet nothing to the applicant. It seems that the Home Office is abusing the discretion which allows them to refuse an applicant by inferring that their “character and conduct” make them undesirable to be allowed to live in the UK. Officials are abusing powers granted to them under section 322(5) by wrongly applying it to those not accused of any crime. HMRC (Revenue) takes a fairly relaxed view about errors in notifying financial details for taxation purposes. The Home Office uses such errors as grounds for deportation. Home Office officials themselves introduce errors where there were none and the innocent applicant is punished.

The impending deportation of Saleem Dadabhoy would directly lead to the loss of 20 jobs, all held by British citizens, and the closure of a British company worth £1.5m. What is his crime? The Home Office says that discrepancies in the financial documents he provided show that he has fraudulently provided false evidence. Dadabhoy’s lawyer says the discrepancy is the result of Home Office incompetence. Officials made two basic accounting errors, comparing gross income to net income, and comparing a tax return from an April to April tax year to a return from a December to December accounting year.

Taxing Discretion

There is no real guidance that the public can examine about how the rules should be applied by Home Office staff. What level of tax discrepancy can amount to a threat to national security? Immigration barrister Paul Turner writes: “there are stories in the press of doctors in hospitals where there are shortages of doctors being deported probably as a result of a tax error”. Turner says: “I have seen Freedom of Information Requests where the government has refused to answer how many people have been granted under 322 (5), remember it is discretionary, and how many refused.” Turner says a doctor could be saving lives in the UK one day and deported the next on the basis of someone’s else’s error of over five years ago.

Sidarth Vijay is a specialist computer programmer, a profession on the government’s list of shortage occupations. He arrived in the UK in 2011 and has never earned less than £50,000 a year. He has been employed full-time by companies including Toshiba while running his own IT consultancy company.

In 2014, Sidarth Vijay was sent a 2012-13 tax calculation by HMRC. He spotted an accounting error which meant he owed £4,000. He contacted HMRC and paid the shortfall. Despite his amendment being made in time, he has been refused indefinite leave to remain (ILR) by the Home Office under paragraph 322(5) of immigration law. He is nearly destitute after paying £15,000 in legal costs and Home Office fees.

His Home Office casework notes show he was found to be “credible” and that his refusal in February 2018 under 322(5) was entirely triggered by figures obtained from the SA02 tax documents submitted by the applicant. This is odd because he did not submit SA02 documents because they are only issued when a tax amendment has been made late, which his was not. He has a letter from HMRC which says: ““I can confirm, as discussed today, there has been no out-of-time adjustment to any of your previous years liabilities and therefore no issue of a SA02 at any point.”

He has a letter from the Home Office dated August 2017 which refers August 2017, which refers to an interview they state he attended and again refers him giving them an SA02 form. “I never attended an interview with the Home Office,” he said.

 

What is the sense of deporting people when the UK needs workers?

Vintage Sleaze Part2 Butler-Sloss Inquiry

This article appeared in the July 16 edition of Ceylon Today.

 

Colman's Column3

Last week I wrote about calls for a public inquiry into allegations that the UK Home Office had colluded in a cover up of paedophile activity in Parliament and government. There has been strong criticism of the role of Leon Brittan, who was Home Secretary at the time when 114 files relating to child abuse went missing. At the time I wrote that article, UK prime minister David Cameron was steadfastly arguing that an internal Home Office inquiry combined with ongoing police investigations would be sufficient.

Since then, on 6 July 2014, the current Home Secretary, Theresa May, announced that an expert panel will have the power to scrutinise the behaviour of political parties, the security services and private companies amid allegations that paedophile networks operated with impunity in the 1970s and 1980s. It will also investigate the handling of the information given to the police and prosecution service about the allegations at the time. May added that this review would look into the Paedophile Information Exchange group. Peter Wanless, the chief executive of the NSPCC will head this review which will report within ten weeks to Mrs May and to Dominic Grieve, the Attorney General. Wanless was previously the Big Lottery Fund’s chief executive and worked at the Department for Children, Schools and Families.

May raised the possibility of converting it into a full public inquiry and giving the panel the authority to subpoena witnesses and has since announced that a public inquiry will be led by retired judge Lady Elizabeth Butler-Sloss. There has been much criticism, mainly on the grounds of her age and connections, of the appointment of the appointment of Lady Butler-Sloss.

NPG P1029; Dame Elizabeth Butler-Sloss (nÈe Havers) by Christian CourrËges

Brother’s Keeper?

Lady Butler-Sloss’s family connections are indeed somewhat embarrassing. Her father, Sir Cecil Havers, was the high court judge who passed the death sentence on Ruth Ellis, the last woman hanged in Britain. In a 2010 television interview, his grandson, the actor Nigel Havers, revealed that his grandfather had written to the Home Secretary recommending a reprieve, but had received a curt refusal. Sir Cecil subsequently sent money annually for the upkeep of Ellis’s son.

Gerry Conlon recently died at the age of 60. Daniel Day Lewis is to be knighted by Queen Elizabeth. One of Day Lewis’s memorable performances was as Gerry conlon in Jim Sheridan’s film In the Name of the Father. In the film Daniel Massey plays the prosecuting QC, Sir Michael Havers, who is unnamed. Gerry Conlon spent 25% of his life in prison for a crime he did not commit.

Gerry Conlon was one of the Guildford Four, who were convicted in 1975 for the IRA Guildford pub bombings of 5 October 1974. After their arrest, all four defendants confessed to the bombing under torture by British police. There was never any evidence that any of The Four had been involved with the Provisional IRA. Collectively, the Four and the Maguire Seven served a total of 113 years in prison and one of the Maguire Seven, Giuseppe Conlon, Gerry’s father, died in prison, convicted on the basis of discredited forensic evidence. Havers represented the Crown in the trial and appeal of the Guildford Four and also of the Maguire family. In the case of the Guildford Four, the Director of Public Prosecutions was found to have suppressed alibi evidence that supported Gerry Conlon and Paul Hill’s claims of innocence. The DPP suppressed confessions by Provisional IRA bombers, known as the Balcombe Street Gang that they had carried out the Guildford and Woolwich bombings. In his submission to Sir John May’s 1989 Inquiry into the Guildford and Woolwich bombings, Labour MP Chris Mullins cast doubt on Havers’s integrity. “He is, therefore, probably the person who can lay claim to the most detailed knowledge of this affair. I respectfully submit that any inquiry that passed without the benefit of his experience would be deficient…The only hope of sustaining the original convictions was to rewrite the script from top to bottom. This Sir Michael and his colleagues proceeded to do with ingenuity and relish.”

In the Yorkshire Ripper case in 1981, Havers attracted controversy at the outset of the trial, when he said of Sutcliffe’s victims in his introductory speech: “Some were prostitutes, but perhaps the saddest part of the case is that some were not. The last six attacks were on totally respectable women.”

More to the point, Sir Michael was the attorney general under the Thatcher government and was accused of a “cover-up” when he refused to prosecute Sir Peter Hayman, a former diplomat and member of the Paedophile Information Exchange. Hayman was the deputy under secretary of state at the Foreign Office, and was reputed to be a senior officer in MI6, the foreign intelligence service.

havers

Should being sister to Mrs Thatcher’s most senior law officer disqualify Lady Butler-Sloss from heading an impartial inquiry?

Husband’s Keeper?

When Lady Butler-Sloss was appointed by Tony (now Lord) Newton to head the Cleveland Inquiry, the News of the World (17 July 1988) did a feature on her husband Joseph Butler-Sloss, who was then a circuit judge in Kenya. In a taped conversation, he confessed to using prostitutes A Nairobi court colleague said: “The wife comes through the front door and his girls go out the back. He is very discreet with her around because he doesn’t want scandal.”

Her Own Record

She was the first female Lord Justice of Appeal and, until 2004, was the highest-ranking female judge in the United Kingdom. In 2002, she chaired the Crown Appointments Board charged with the selection of a new Archbishop of Canterbury. She is Chairman of the Advisory Council of St Paul’s Cathedral. She once stood as a Conservative candidate for election to Parliament.

Her main qualification for heading this inquiry would probably be her previous work on the Cleveland child abuse scandal in 1987. Dr Marietta Higgs and Dr Geoffrey Wyatt diagnosed 121 cases of suspected child sexual abuse in Stockton-on-Tees. Higgs used a reflex anal dilation test, which on the scandal’s 20th anniversary Chief Medical Officer Liam Donaldson described as “not reliable”. The children were subject to place of safety orders, and some were removed from their parents’ care permanently. Dr Higgs continued to examine them while they were in foster care. She subsequently accused foster parents of further abuse and many were arrested. Courts dismissed cases involving 96 of the 121 children alleged to be victims of sexual abuse and 26 cases, involving children from twelve families, were found by judges to have been incorrectly diagnosed.

In The Cleveland Report was established, Baroness Butler-Sloss stated that the problems of child sexual abuse had become more recognised in the early 1980s which caused “particularly difficult problems for the agencies concerned in child protection”. She went on to state: “In Cleveland an honest attempt was made to address these problems by the agencies. In Spring 1987 it went wrong.”The public inquiry found most of the allegations of sexual abuse were unfounded and all but 27 children were returned to their families. The two doctors were criticised for “over-confidence” in their methods.

People on various sides of the debate were unhappy with the Butler-Sloss Cleveland Report. Anti-patriarchal witch finder Beatrix Campbell said: “Her report contributed to the myth that children were the victims not of sexual abuse but of crazed doctors and social workers.” Anti-zealot the late Richard Webster wrote: “Through no fault of her own Justice Elizabeth Butler-Sloss had, in effect, been compelled to produce her report in the dark. She simply did not have the benefit of the very scientific research which would have revealed the true scale of the Cleveland scandal and the real dangers of the child protection ideology and the paediatric zealotry which had led to it.”

Should She Stand Down?

Lady Butler-Sloss will not be working alone. She will have a panel of independent experts and the review will be conducted in the glare of publicity. However, can we expect transparency from an inquiry presided over by a member of the House of Lords whose members she would be investigating?

She was Chairman of the Independent Security Commission  which  reviewed “vetting of those who belong to the Royal Households, those working with them, or who otherwise gain access to Royal residences”.   She would have overall a responsibility for vetting  Jimmy Savile. She is an intelligence insider. She must have known knew Savile was a paedophile.

How About an International Inquiry?

In the five years since Sri Lanka comprehensively defeated the barbarous Tamil Tigers, UK ministers have been persistently calling for an international inquiry into alleged war crimes and human rights violations. As there is strong evidence that UK ministers have been buggering orphans for decades, would it not be the best plan to appoint an internationally respected figure to conduct an independent inquiry? Someone not intimately connected by ties of blood and influence to the likely perpetrators?

 Postscript

Since the article was published, Lady Butler-Sloss has decided to stand down saying it has : “become clear to me that I did not sufficiently consider whether my background and the fact my brother had been Attorney General would cause difficulties.”

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