High Court rejects temporary immigration cap

Maggie

What else do you expect from the legal fundamentalists who inhabit the High Court? They have long since abandoned morality, common sense, wisdom or any interest in the well-being of the UK and its citizens. Its at least 25 years since any of them has done or said anything worthy of respect.

TrevorsDen

Mr Forsyth ...'the government cannot just allow a key part of its flagship immigration policy to be struck down by the courts' - what do you suggest? That the govt do something illegal?

To get anywhere it seems they have to hold a debate or pass legislation. May be both.

The real immigration issue is the EU. Having the benefit of Polish workers may be admirable in a growth scenario where we already have full employment.
However opening our borders in a recession and where we are desperately trying to get people off benefits and into jobs is quite another thing.
This is quite rightly a major plank of govt policy and its being undermined by EU rules.

toco

Make all new and renewed visas subject to the outcome of any appeal and/or pending Government legislation on the subject.Simples.

graham hart

We should not restrict the immigration of skilled workers that we are short of.

High salary levels indicate scarcity. Low salary levels indicate oversupply.

We definitely need to attract more judges.

We definitely don't require more low paid workers.

David Lindsay

The "free" schools fiasco, with legislation rushed through so that they could open this year, which none of them did, and which none of them might next year, or ever.

The Child Benefit fiasco.

The Housing Benefit fiasco.

The JSA fiasco, with claimants to be compelled to do "voluntarily" what are already other people's paid jobs.

And now, the immigration cap fiasco.

Isn't the Coalition, to be continued even if there is a Conservative overall majority next time, doing well?

Chris lancashire

David Lindsay: much as you might like it to be, no fiasco on Child Benefit or Housing benefit, just good, solid, overdue progress on correcting a massive structural defecit left by Brown/Milliband/Balls. Witness Gilt rates dropping nicely.

Tarka the Rotter

unlawful or illegal - the two terms do not mean the same thing

Baron

what surprises ain’t that the Courts ruled the cap to be illegal, but that the grounds for the ruling wasn’t the uman Rights Act; Surely the uman rights of the potential immigrants would be breached if the cap stayed.

one can only hope that a brilliant uman rights lawyer will spot the chance, bring a case on behalf of an immigrant who’s told to turn back.

Andrew SW18

Perhaps if we started to import cheap foreign judges who would work for more than 30 weeks a year and not demand medieval levels of opulence in their domestic arrangements, their Leftist Lordships might be a bit less trigger-happy on the judicial review front.

Jez

"The real immigration issue is the EU. Having the benefit of Polish workers may be admirable in a growth scenario where we already have full employment."

No. Wrong.

It is only part of the problem.

The Capital city (London, TD) has 'gone'.

No mid-ground, no proactivity, no imagination from any of the political elite or MSM.

Just drive it through, faster, harder.

For goodness sake, the government does have a duty to deliver on it's promises doesn't it? It was elected (sort of- eventually) by the majority of the electorate wasn't it?

But someone else seperate from the government says they can't?

Or is that the Coalition government is just a sham marraige for big business / bankers to smash their way out of the disaster they've created?

This just a game to them.

Total shambles.

I wonder if it was like this in East Germany about 1987?

Loads of questions there.

Verity

"The government is playing it softly softly ...".

The government. David Cameron and Theresa May. Dear God!

Frank Sutton

It'll be fascinating to see how the PM and the Home Secretary respond to this ruling...
Ah yes, another fascinating political game to be enjoyed in the salons of Islington and Notting Hill.

emil

"Isn't the Coalition, to be continued even if there is a Conservative overall majority next time, doing well?"

Compared to the shower that screwed our country from 1997 to 2010 they're doing pretty well actually.

Roy

How is it an High Court can make a ruling against parliamentary decisions? Are aspects of authority split more ways than we hitherto realised? God knows this would be a good thing if their decision making had merit. Such as a recommendation to put a curb on spending beyond the countries ability to handle. The cap on immigration they now say is unlawful didn't get a sideways look when it was perpetrated beyond belief to change the whole cultural dynamic of the United Kingdom. That's OK I suppose but stopping the flow is another thing.

Verity

Andrew SW18 - Brill! We need imported cheap judges who can do the work of the current judges at half the price and have every human right to do so. The judges' circle is exclusionary and they should be reequired to open up to foreign judges from the Third World who will work for less pay. As the judges haven't spotted any flaws in this argument when addressing other circumstances and other jobs, I think this sounds like a solution!

maddy1

My whole argument is that if non EU. fellahs destroy their passports or documents and do not follow the convention how can the rule of law be established never mind applied. Every time the government of any persuasion has tried to clarify either the power struggle between the unelected you know who and our politicians or back bench rebellion has trumped everything.

A migrant

Why is it so hard for some of the readers here to grasp the idea that the cap was ruled unlawful, note the word unlawful and do not confuse it with illegal, because some procedures to bring about such a change were not duly followed i.e., debating the whole thing in the Parliament rather than taking a unilateral stand on things. As Mr. Green put it “This ruling is about process not policy – the policy of having a limit has not been found to be unlawful. The court’s ruling rests on a technicality, we will set this right in the next few days.” Another thing a lot of people do not appear to get their head around is the fact that Judiciary/Judges do not set the laws (with the exception of case law), it merely sees that things being done are in line with the law.

roger slade

Who runs this country, the Courts or the Government? I suppose the real answer is Brussels but I do think that the Government should get a grip of the judges who seem to be acting as loose cannons.

Tarka the Rotter

"We definitely need to attract more judges".

Might I suggest Judge Judy who graces our tv screens from her New York Court - that's the way justice needs dishing out, sharp, no-nonsense and in record time.

Ghengis

a migrant -- inadequate thought processing?

maddy1

@A migrant
December 18th, 2010 6:49a
Semantically is the belly fluff in my navel part of me or an illegal immigrant? People are sick of word games beginning in I>

Nicholas

I seem to recall that New Labour spent 13 years introducing unpopular stuff without "debating the whole thing in parliament". So, what's changed? Oh, nothing of course, one rule for Lefties and another for everyone else as usual.

Stewart

The courts were never that concerned with parliamentary scrutiny when Labour were destroying this country. Lisbon Treaty was never given much scrutiny in Parliamnet. They've done nothing to help stem the flow of immigration. In fact they have made the problem worse this week by allowing an illegal, who killed and broke the law in other ways to stay.
The Conservatives need to start weakening the institutions of the left, which now include the courts, if they are to get a second term in power.

A migrant

@ maddy1(December 18th, 2010 11:45am) - Give it up maddy1 if you cannot comprehend the news. As far as your question about the belly fluff is concerned, you might as well try to improve your vocabulary so that your sentences will make sense (hint: the word you are looking for is foreign instead of illegal and body instead of immigrant and try adding a comma after semantically ).

A migrant

@ Ghengis (December 18th, 2010 11:30am)
I think so; a lot of people commenting here do not appear to be employing a logical thought process.

CS

Surely it doesn't have to be struck down. Just give it the "proper parliamentary scrutiny" that it supposedly lacked. For years you lot have been whining about New Labour bypassing proper parliamentary procedure. Turns out you're happy for it to happen if it's in your favour.

CS

Nicholas, were any of these things challenged in court? If not, more fool the opponents of these things.