Judge: PM and Badenoch remarks against decision to allow Gaza family to live in UK ‘unacceptable’
Baroness Sue Carr says: 'Both question and the answer were unacceptable'
Lee Harpin is the Jewish News's political editor
The most senior judge in England and Wales has said she is “deeply troubled” by Kemi Badenoch and Keir Starmer’s comments in relation to a legal case on a Palestinian family attempting to live in the UK.
Lady Baroness Sue Carr, the lady chief justice, spoke out after Badenoch raised the case of a Palestinian family who were given the right to live in the UK after they originally applied through a scheme designed for Ukrainians, saying it was “completely wrong”.
Responding Starmer surprised the Tory leader saying he agreed, adding “Let me be clear: I do not agree with the decision. The leader of the opposition is right that it is the wrong decision.
“She has not quite done her homework, however, because the decision in question was taken under the last government, according to their legal framework.”
Speaking at her annual press conference on Tuesday, Baroness Carr said the remarks were “unacceptable” it was the duty of politicians to uphold the rule of law and respect the independent role of judges.
Baroness Carr said: “Both question and the answer were unacceptable.”
She also noted judges’ concerns about judges security were at an “all-time high” thanks to attacks on social media driven and wider misreporting of their work.
Last Wednesday’s PMQs saw Badenoch attempt to score political points by blasting how an immigration judge had handled the application of a Palestinian family who applied to live in the UK under a scheme designed for Ukrainians fleeing the war.
But reporting of the case has not taken into consideration various points, including that the family of six had sought permission to live with a British relative who was able to financially support them .
The family’s safety in Gaza was also under threat as they were known political opponents of Hamas.
They had won the right to move here under general human rights considerations, and had incorrectly used a form for Ukrainian refugees to make their application.
There was also no evidence that this family’s unusual case would open “floodgates” to more applications from Gazans to move here.
Two Upper Tribunal judges had granted the family permission to reunite in the UK.
Number 10 said they would not be commenting on Baroness Carr’s comments.
After the PMQs exchange last week, a Home Office spokesperson said: “The Ukraine Family scheme was clearly set out for Ukrainians. We have been clear that we do not agree with this judgment and we twice vigorously contested this case.
“As the prime minister made clear, article 8, the right to a family life, should be interpreted much more narrowly. It is for the government and Parliament to decide who should be covered by the UK’s safe and legal routes.
“We are pursuing all legal avenues to address the legal loophole which has been exploited in this case. The home secretary is urgently reviewing this case to ensure the correct processes are always followed and existing laws correctly interpreted.”
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