Alex Chalk KC says vital to show that abuse of immigration system will not be tolerated and will be dealt with
Alex Chalk KC, the Secretary of State for Justice and Lord Chancellor, wrote to the Solicitors Regulation Authority (SRA) yesterday following a widely-reported investigation by the Daily Mail which alleged that two immigration firms had encouraged an undercover reporter to submit false asylum and human rights claims.
Image credit: UK GovernmentThe Lord Chancellor noted in his letter: "Solicitors are critical to the operation of a fair and robust 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."
In light of the allegations in the Daily Mail, Chalk urged the SRA to undertake an urgent targeted follow up to the SRA's 2022 thematic review of standards in the immigration and asylum legal sector.
As we reported on EIN last year, the SRA undertook the review to better understand the challenges facing different segments of the sector and to investigate the nature, extent and impact of any concerns. Important new guidance for firms was published following the review.
The Lord Chancellor wrote in his letter to the SRA yesterday: "In particular, your review said that firms needed to make more effort to put proper supervision in place. It also identified specific firms that were falling short and referred them into your enforcement process. Despite this, these reports suggest that there are still firms operating that are not compliant. As I'm sure you will agree, this is unacceptable and must stop.
"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 (including imposing substantial fines, restricting firms from undertaking certain activities and referring firms to the Solicitors Disciplinary Tribunal which can levy unlimited fines and strike off solicitors). It is vital that we show the public — and the majority of honest and professional solicitors — that this kind of abuse of the system will not be tolerated and will be dealt with robustly."
The SRA said on Twitter on Tuesday: "We're aware of the recent story in the Daily Mail. If we find evidence that solicitors or firms we regulate have acted in ways that contravene our rules, and in particular their duty to act legally and uphold the law, we can and will take action."
BBC News reported today that the SRA confirmed it was now investigating the firms and individuals involved in the Daily Mail article.
Following the Daily Mail story, Prime Minster Rishi Sunak posted a controversial message on Twitter accusing "the Labour Party, a subset of lawyers, [and] criminal gangs" as all being on the same side to prop up a system of exploitation that profits from getting people to the UK illegally.
The Bar Council strongly criticised the Prime Minster's "damaging rhetoric".
In a statement on Tuesday, the Bar Council said: "Lawyers are not beyond reproach, and all professions have individuals who commit misconduct and are dishonest. Regulators are there to discipline them. The comments by the Prime Minister, however, are clearly an attempt to play politics with the legal profession. This damaging rhetoric undermines the rule of law, trust in lawyers and confidence in the UK legal system and is to be deplored."