For this government an "activist lawyer" means a lawyer who help people challenge it when it breaks the law. In other words, a good lawyer
And when it says it is trying to make it harder for 'activist lawyers' it means making it harder to challenge its own bad decisions which ruin people's lives
I have acted in many hundreds of cases involving the 'activist lawyers' the Home Office is so worried about - I used to act for the government too.
Those pesky lawyers are often brave, dedicated, working for peanuts - and the literally save people's lives.
Those pesky lawyers are often brave, dedicated, working for peanuts - and the literally save people's lives.
I don't say that lightly - most lawyers don't do that. But there are many great asylum and human rights lawyers out there who do backbreaking work to correct terrible Home Office errors, slips of the pen which can send someone back to torture or death.
And of course there are people who abuse the system - and there are bad lawyers. But the 'activist lawyers' who the government are really worried about are the good ones who hold them to account, embarrass them for their slipshod decision making, cost them money.
After the Second World War the world came together and in an enlightened moment signed up to the revolutionary idea that states would open their doors to refugees who were fleeing persecution. How many lives has that saved? Probably millions...
... But states are not always openhearted, governments change. It is often up to campaigners, non governmental organisations and lawyers to ensure that governments keep their end of the bargain under the Refugee Convention. And that leads to conflicts with populist governments.
That's what this is about - when you hear railing against 'activist lawyers' remember that it is our United Kingdom that has agreed to be a safe haven for those facing persecution. If lawyers need to remind government of that then that's because govt forgot its solemn promise.
I am proud to live in a country where there is (for now, just about) a legal system where government decisions can be challenged and impartial judges decide whether they are lawful or not.
If that's uncomfortable for the government, then that's the price of democracy I'm afraid
If that's uncomfortable for the government, then that's the price of democracy I'm afraid
Also, from my experience in this game for a while now, this is a deliberate fight the government is picking. It thinks it can win easily because people don't like or trust lawyers, and lawyers can step into a trap by falling into the government's framing...
... I'm still not sure what the answer to that is, but my best guess is careful reframing of the issue, as being about government incompetence and individuals who need protection not just from their own government's persecution but this government's hostility/errors
I doubt it is a coincidence that the government is picking a fight (using official govt department social media no less) with “activist lawyers” when the leader of the opposition is a former… activist lawyer
Here are some more developed thoughts in a piece I wrote for @NewStatesman newstatesman.com/politics/uk/20…
