Shock horror! Shamima Begum has been granted legal aid to defend against the Home Secretary's decision to remove her British citizenship. Sajid Javid, Home Secretary, has stated that he understands peoples concerns over public funds being used this way, and we wonder why British values are being undermined and why the hard right is continuing to gain respectability?! Why could our Home Secretary no just admit for once that the provision of funds, to a person who is being deprived of one of the most important rights they have, is valid, proper and part of what makes Britain a great nation. He certainly did not need to pander to these views.
Our legal aid system, which used to be the envy of the world, is now severely degraded. The scope of legal aid has been reduced and this particularly effects Inquests and Family Law cases where judges are facing unrepresented applicants who do not understand the issues before the court, causing cases to overrun and tempers to flare. Unfortunately also, the rates of pay for legal aid lawyers are now eroded to an alarming extent, making it difficult to find a lawyer willing to do the work for the pay offered.
My practice is still one of the larger providers and how long we can continue to do the work depends on whether rates continue to spiral. Whilst we do not expect to make a lot of money, nor is it our motivation, the work still has to 'wash its face'. We are wondering whether some of the work may be transferred to the Jackson Lees Foundation in the future, but have not reached that point yet. We are also looking at other means to fund the vital justice work we do and our solicitors do a great deal of pro bono work. Our legal system, underpinning the Rule of Law and supported by our legal aid system is a major part of our British way of life, yet so many see it as a negative - an attitude encouraged by our government.
Shamima Begum, as a 15-year-old girl, made the foolish decision to travel to Syria to take part in the IS Caliphate. She became a young bride but sadly, her three young children did not survive. As we know, her third child died in a refugee camp following the Home Secretary's decision to take away her citizenship. Her family very much hope that she will be able to return to the UK despite the fact that, upon her return, she will face the wrath of our criminal justice system for her decision to flee to Syria to support the regime.
The argument for taking away her British citizenship are finely balanced politically and legally. From a legal point of view, she can only have her British nationality removed if she still has another nationality to call on. Despite the fact that she was born in the UK and has never lived in Bangladesh, it is alleged by the Home Office that she is entitled to Bangladeshi Citizenship, though this seems to be disputed by Bangladesh itself. How can Shamima be expected to deal with the legal and technical arguments involved in this case without lawyers assisting her? She desperately needs legal aid so that the disparity between the resources of the Home Office and the rights of the individual can be held in balance. That is British justice and we should be proud of that fact. Take this away and I wonder what other rights would soon vanish.
I happen to think the political arguments are on the side of Shamima's return. Nothing will give succour to terrorism more than an inhumane stance towards those who have been fooled into joining this wicked regime. The ideology itself thrives on hatred and exclusion, nothing challenges that more than a humane response to the hatred thrown our way. Shamima's return and rehabilitation might become the very means by which others are deterred from making the same decision. I fear for our country if we become intolerant, negating the very values that are the foundations of our nation. We will reap a sad harvest if we change who we are.