Coalition splits over plans to tighten UK immigration

There are splits in the coalition over a fresh attempt by Tory ministers to tighten immigration controls - while Ed Miliband is being urged to think long and hard about Labour’s own position on one of the last taboo subjects in British politics.

The Home Office briefers have privately confirmed a leak to the Tory-supporting Sunday Telegraph that home secretary Theresa May (above) will announce this week a review of how the UK system interacts with Article 8 of the European Convention on Human Rights, which guarantees 'the right to a family life'.

It is the inevitable reaction to the fury caused by the judgements of the UK courts which have extended the interpretation of 'family life' rights to override attempts to have offenders deported.

These cases include that of Aso Mohammed Ibrahim who ran down and killed 12-year-old Amy Houston and was given permission to stay in Britain because he had started a relationship with a mother-of two here; a Bolivian immigrant who escaped deportation because he owned a pet cat with his girlfriend; and a violent drug dealer with a child he had never seen.

The Sunday Telegraph reported yesterday that a new test case under Article 8 had created a loophole which could allow thousands of asylum seekers to bring their families into Britain.

Right on cue, the Sunday Times found a Nigerian woman who admitted to coming to Britain to give birth on the NHS and now wants to use her right to family life to stay in Britain, and bring over her family. Under Article 8, she might be able to frustrate any attempts to send her home, thus encouraging more NHS 'tourism'.

In addition to dealing with Article 8, the May consultation will look at the UK's response to a European ruling last week that could prevent Britain deporting hundreds of convicted foreign criminals.

The Court of Human Rights found the behaviour of two Somalis – Abdisamad Adow Sufi and Abdiaziz Ibrahim Elmi - could not weaken their basic rights to protection from violence if they were sent back to Somalia. Elmi has convictions for robbery and supplying cocaine and heroin and Sufi for burglary and threats to kill.

The seven-judge European Court of Human Rights ruled that the prohibition of torture and of inhuman or degrading treatment or punishment is "absolute irrespective of the victims' conduct. Consequently, the applicants' behaviour, however undesirable or dangerous, could not be taken into account."

They described it as the lead case against the UK, with 214 similar cases pending.

The instinct of many leading Tories is to withdraw from the jurisdiction of the European Court, but that is vehemently opposed by Liberal Democrats.

Nick Clegg is also resisting further attempts by May to tighten immigration controls by tackling one of the most obvious abuses – overstaying by 'students' after their courses have been completed. Clegg does not want a cap on immigration to be extended to students who take jobs after studying in Britain.

John Cruddas, the Labour MP for Dagenham and a leading campaigner against the British National Party, warned Ed Miliband after his election: "Politically, our response has been disastrous. Immigration had been seen as just another issue to triangulate. Attack the BNP, whilst co-opting their language; criticise Tory dog whistles as we blow trumpets about 'British jobs for British workers'; pay lip service to the 'white working class', then thrust them to the margins in pursuit of votes from the citizens of a middle-English Shangri-La.

"The immigration genie burst from its box on Labour's watch. And we must adopt a radically different political posture if we're going to get it back in again."

Iain Duncan-Smith's lecture last week calling for British jobs for British workers also posed another problem for Miliband.

What should Labour's response be to the daily demands on services in the UK caused by soaring immigration – the blocking up of Accident and Emergency units by eastern Europeans who have a worse drink culture even than Britain's binge drinkers; and the pressure on housing and welfare benefits when both are being cut?

Labour MP Frank Field and Tory grandee Nicholas Soames, co-chairmen of the cross-party group on Balanced Migration, said in response to IDS: "We welcome this frank assessment of the impact on immigration on the chances for young British people to find work. We renew our call for the government to make major reductions in the scale of immigration to Britain."

Okay, Frank Field is a maverick, but Ed Miliband may now just wonder whether he might be right. ·