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Open%20borders%20The%20case%20against%20immigration%20controls%20-%20Teresa%20Hayter

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Refugees: Tightening the Screw 77<br />

Guardian of 14 March 1995 to be ‘considering legislation to “crack down on<br />

illegal immigrants”’, which, said the Guardian, would ‘be seen as a victory<br />

for right-wing Conservative MPs who have been demanding even tougher<br />

controls’. The 1996 Asylum and Immigration Act extended the grounds on<br />

which an application could be ‘fast-tracked’. It abolished the right of appeal<br />

when removal was to another EU country. It introduced a ‘white list’ of ‘safe’<br />

countries, which included India, Pakistan and Romania, and also included<br />

Nigeria until protests forced its removal from the list. It removed the right to<br />

welfare benefits for those who applied for asylum after entry to Britain, or<br />

who were pursuing their legal right to appeal against a Home Office refusal<br />

of their claim, thus potentially either making them destitute or forcing them<br />

to abandon their appeal. It introduced employer sanctions, placing a legal<br />

duty on employers to check the status of their employees and making it a<br />

criminal offence to employ somebody who did not have permission to work<br />

in Britain.<br />

The Labour Party, as usual in opposition, strongly opposed the harshness<br />

and illiberality of this legislation. Jack Straw, shadow home secretary,<br />

accused Michael Howard of ‘playing the race card’ before the 1997 general<br />

election, and the Independent on Sunday of 10 September 1995 quoted Straw<br />

as follows:<br />

It is obscene that, of all people, Mr Howard, whose family directly benefited from liberal<br />

refugee laws, should allow asylum and immigration to be used in political stunts.<br />

A document produced before the 1997 election by Jack Straw and Doug<br />

Henderson, shadow home affairs minister, entitled Fairer, Faster and Firmer:<br />

Labour’s Approach to Asylum and Immigration, castigates the Tory government<br />

for the failings of their immigration policy and the 1996 Act and quotes<br />

Andrew Lansley, the outgoing head of the Tory Research Department as<br />

saying:<br />

Immigration ... an issue we raised successfully in 1992 ... played particularly well in<br />

the tabloids and has more potential to hurt [the Labour Party].<br />

‘No other act in this Parliament has aroused such justified and widespread<br />

opposition as the Asylum and Immigration Act’, said Straw and Henderson,<br />

and they quoted The Economist of 9 January 1996:<br />

... by promoting anti-immigrant policies the government risks encouraging racism<br />

and undermining liberty. It deserves contempt, not votes, for proposing this nasty<br />

little bill.<br />

They continued:<br />

Labour fought the act every step of the way because it:<br />

1 hits genuine asylum seekers as hard as fraudulent applicants,<br />

2 threatens race relations,<br />

3 places a dangerous and impractical burden on employers,

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