Yvette Cooper tells BBC some immigration cases raise significant concerns about the application of Article 8
The Home Secretary confirmed to the BBC this morning that the Government is reviewing the application of Article 8 of the European Convention on Human Rights (ECHR) in immigration cases.
Image credit: UK GovernmentArticle 8 protects the right to respect for private and family life, which is often invoked by individuals seeking to remain in the UK. It allows courts and tribunals to consider whether deportation or removal would disproportionately interfere with a person's established family or private life in the UK.
Appearing on the Sunday with Laura Kuenssberg show this morning, the Home Secretary, Yvette Cooper, was asked whether it was correct that she was looking at changing the law around how Article 8 is applied.
The Home Secretary responded: "We continue to support international law, that is really important, and it because we support international law that we've managed to get new agreements with France and Germany. There have been some cases that do raise some real significant concerns, and that is also about the way in which the immigration and asylum system operates. It's about the application, including of Article 8, as the Prime Minister has said. So we are reviewing all of this area to make sure that the immigration and asylum system works effectively in the way that Parliament meant it to and make sure that there is a proper sense of control in the system."
The Telegraph reported earlier this month that the Home Secretary is reviewing how Article 8 is being applied by courts and tribunals to ensure it is being interpreted in a "sensible" and "proportionate" way.
According to The Telegraph, Yvette Cooper has commissioned a study into how other European nations, such as Denmark, apply Article 8, with indications that their courts take a stricter approach. The findings from this review are expected to be outlined in the Government's immigration White Paper set for release later this year and could lead to changes in guidance or the introduction of new legislation.
A Government spokesperson told The Telegraph: "We are particularly looking at how these kinds of rules are applied in other countries. Other countries have looked at the application and manage to tighten its use. We are making sure that the legal framework is being applied in a sensible and proportionate way,"
The Telegraph article added that the UK might also explore working within the Council of Europe to push for broader changes to the ECHR.
The Home Office also announced in a press release today that companies employing workers on flexible and zero-hours contracts in the gig economy will now be legally required to verify their immigration status before hiring them.
"Currently, thousands of companies using these flexible arrangements are not legally required to check the status of these workers. This changes now," the Home Office stated.
Businesses that fail to conduct right to work checks will face severe penalties under the new rules, including fines of up to £60,000 per illegal worker, potential business closures, director disqualifications, and prison sentences of up to five years.
The Home Secretary said the new measures were part of the Government's efforts to prevent organised immigration crime, as people smugglers facilitating Channel crossings are using the promise of work in the UK to sell spaces on small boats.
She also highlighted a sharp rise in enforcement activity, with raids and arrests for illegal working reaching their highest levels in five years, alongside a significant increase in the deportation of individuals with no legal right to remain in the UK.
The Home Office noted: "The new measures go alongside a ramp-up of operational action by Immigration Enforcement teams, who since July have carried out 6,784 illegal working visits to premises and made 4,779 arrests – an increase of 40% and 42% compared to the same period 12 months ago. In that time, 1,508 civil penalty notices have been issued."