Theresa May gets it wrong about a cat

The Home Secretary's conference speech shows she does not know what her own department is doing.

Today the Home Secretary got her facts wrong about a cat.

Speaking to the Conservative Party conference, Theresa May said:

We all know the stories about the Human Rights Act. The violent drug dealer who cannot be sent home because his daughter - for whom he pays no maintenance - lives here. The robber who cannot be removed because he has a girlfriend. The illegal immigrant who cannot be deported because - and I am not making this up - he had a pet cat.

This story - one of a number of myths which those hostile to human rights law invoke without ever bothering to actually check - has been published before in newspapers, and it has already been dealt with by respected critical sites such as Full Fact and Tabloid Watch. All this was available to her speechwriters.

But what makes it worse is what was also known to her very own department.

The full determination of the Asylum and Immigration Tribunal is here [PDF]. As Barry O'Leary, Partner at Wesley Gryk Solicitors, who acted for the foreign national, explains:

This case was not decided on the basis of a cat. It was decided on the basis of a Home Office policy which the Home Office themselves had failed to apply. This was accepted by the Home Office before the Immigration Judge and the Home Office agreed the appeal should be allowed. The ownership of a cat was immaterial. Any press reports to the contrary are, unfortunately, not based on fact.

The case involved a foreign national in a long term committed relationship with a British Citizen (they had been living together for four years at the time of the appeal.) He was not a foreign national prisoner.

I had made an application on the foreign national's behalf for the right to remain in the United Kingdom on the basis of a Home Office policy known as DP3/96.

The application was refused [by the Home Secretary] and my client appealed against that decision.

As part of the application and as part of the appeal, the couple gave detailed statements of the life they had built together in the United Kingdom to show the genuine nature and duration of their relationship. One detail provided, amongst many, was that they had owned a cat together for some time.

The appeal was successful and when giving the reasons for the success the judge did comment on the couple's cat. It was taken into account as part of the couple's life together.

The [Home Secretary] asked for the decision to be reconsidered. They argued it should be reconsidered because the decision was wrong in law, and one error they cited was that too much consideration was given to the couple's cat.

The [Home Secretary] was given permission to put the arguments to the tribunal and the decision of the tribunal is that of [Senior Immigration Judge] Gleeson.

It was decided by [Senior Immigration Judge] Gleeson that the first judge's decision was correct. As is clear from the determination, she came to this decision because the [Home Secretary] in refusing the application had not applied their own policy DP3/96 (which had been withdrawn but the transitional provisions should have been applied to my client).

It was made clear by the initial judge and then by [Senior Immigration Judge] Gleeson that the Appellant should benefit from that policy and be granted the right to remain.

Furthermore, it was accepted by the Home Office representative at the hearing before [Senior Immigration Judge] Gleeson that the policy should apply and any other errors in the initial decision by the judge (including too much detail on the cat) were immaterial.

See paragraph 6 of the determination. It makes clear that it is the former policy DP3/96 which is the basis on which the appeal was won.

[Senior Immigration Judge] Gleeson does go on to make a joke about the cat, clearly because she recognized that the discussion of the cat was irrelevant to the serious issue of applying Home Office policies correctly.

This case was won because the Home Office had a policy which they did not initially apply but later, through their representative, they accepted should have been applied.

What this means is that not only was the cat immaterial to the tribunal decision for the foreign citizen to remain, but that the Home Secretary's own representative fully accepted that the cat was immaterial to the decision.

So the Home Secretary in making her speech today not only got the facts of the case wrong, she also said something known by her own department to be untrue.

And I am not making this up.

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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The rise of the green mayor – Sadiq Khan and the politics of clean energy

At an event at Tate Modern, Sadiq Khan pledged to clean up London's act.

On Thursday night, deep in the bowls of Tate Modern’s turbine hall, London Mayor Sadiq Khan renewed his promise to make the capital a world leader in clean energy and air. Yet his focus was as much on people as power plants – in particular, the need for local authorities to lead where central governments will not.

Khan was there to introduce the screening of a new documentary, From the Ashes, about the demise of the American coal industry. As he noted, Britain continues to battle against the legacy of fossil fuels: “In London today we burn very little coal but we are facing new air pollution challenges brought about for different reasons." 

At a time when the world's leaders are struggling to keep international agreements on climate change afloat, what can mayors do? Khan has pledged to buy only hybrid and zero-emissions buses from next year, and is working towards London becoming a zero carbon city.

Khan has, of course, also gained heroic status for being a bête noire of climate-change-denier-in-chief Donald Trump. On the US president's withdrawal from the Paris Agreement, Khan quipped: “If only he had withdrawn from Twitter.” He had more favourable things to say about the former mayor of New York and climate change activist Michael Bloomberg, who Khan said hailed from “the second greatest city in the world.”

Yet behind his humour was a serious point. Local authorities are having to pick up where both countries' central governments are leaving a void – in improving our air and supporting renewable technology and jobs. Most concerning of all, perhaps, is the way that interest groups representing business are slashing away at the regulations which protect public health, and claiming it as a virtue.

In the UK, documents leaked to Greenpeace’s energy desk show that a government-backed initiative considered proposals for reducing EU rules on fire-safety on the very day of the Grenfell Tower fire. The director of this Red Tape Initiative, Nick Tyrone, told the Guardian that these proposals were rejected. Yet government attempts to water down other EU regulations, such as the energy efficiency directive, still stand.

In America, this blame-game is even more highly charged. Republicans have sworn to replace what they describe as Obama’s “war on coal” with a war on regulation. “I am taking historic steps to lift the restrictions on American energy, to reverse government intrusion, and to cancel job-killing regulations,” Trump announced in March. While he has vowed “to promote clean air and clear water,” he has almost simultaneously signed an order to unravel the Clean Water Rule.

This rhetoric is hurting the very people it claims to protect: miners. From the Ashes shows the many ways that the industry harms wider public health, from water contamination, to air pollution. It also makes a strong case that the American coal industry is in terminal decline, regardless of possibile interventions from government or carbon capture.

Charities like Bloomberg can only do so much to pick up the pieces. The foundation, which helped fund the film, now not only helps support job training programs in coal communities after the Trump administration pulled their funding, but in recent weeks it also promised $15m to UN efforts to tackle climate change – again to help cover Trump's withdrawal from Paris Agreement. “I'm a bit worried about how many cards we're going to have to keep adding to the end of the film”, joked Antha Williams, a Bloomberg representative at the screening, with gallows humour.

Hope also lies with local governments and mayors. The publication of the mayor’s own environment strategy is coming “soon”. Speaking in panel discussion after the film, his deputy mayor for environment and energy, Shirley Rodrigues, described the move to a cleaner future as "an inevitable transition".

Confronting the troubled legacies of our fossil fuel past will not be easy. "We have our own experiences here of our coal mining communities being devastated by the closure of their mines," said Khan. But clean air begins with clean politics; maintaining old ways at the price of health is not one any government must pay. 

'From The Ashes' will premiere on National Geograhpic in the United Kingdom at 9pm on Tuesday, June 27th.

India Bourke is an environment writer and editorial assistant at the New Statesman.

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