Nick Emmerson: Well, there have been widely circulated posts on social media targeting 39 immigration law firms and agencies for attack and violence.
Matt Frei: Specifically?
Nick Emmerson: Yes, it’s listing them, they’re from across the country, and it’s a specific list. We’ve heard reports of that going up to 45 or even 60, but the ones we’ve seen are 39.
Matt Frei: Has this happened before?
Nick Emmerson: No, this is unprecedented. We appreciate that our members deliver a frontline service in an area of law that is subject to quite angry debate. And we also appreciate that our members are literally on the frontline of the high street. Their doors open onto the pavement, and so we take this very seriously and know it’s not happened before.
Matt Frei: This seems to be a systematic, concerted campaign. Did you see this coming at all?
Nick Emmerson: We’ve had a lot of attacks on lawyers and immigration lawyers in the past few years, most notably by members of the government and even former prime ministers.
Matt Frei: From some newspapers as well, let’s face it.
Nick Emmerson: And judges have been attacked as well. So there has been a growing atmosphere of intimidation towards judges and lawyers, but not into this actual physical violence.
Matt Frei: And do you think that those headlines, that we saw a few years ago against the judges, ‘enemies of the people’ and so on, did that start the rot where people are taking on lawyers themselves and the rule of law.
Nick Emmerson: Absolutely. And it wasn’t just that. Even last year, even this year, there’s been some MPs who’ve said things. And so, yes, it all contributes. And we’ve said that really does undermine the rule of law and what the role of lawyers is.
Matt Frei: And you want greater protection for those lawyers?
Nick Emmerson: Yes.
Matt Frei: Are you going to get that? And what does that look like?
Nick Emmerson: Well, I’ve written to the prime minister, the home secretary, the lord chancellor, asking them to take this very seriously and the indications we’ve had from government is that they’re going to, but we’ve also been on the ground…
Matt Frei: What does that mean? Sorry to interrupt. Does that mean cops in the offices or personal protection? Security?
Nick Emmerson: We’ve been dealing with each of the members, we’ve contacted them one by one and said, please boost up your security. Please consider not coming into the office and working from home. And so all these sorts of measures, you’d expect to provide security for people first, but obviously the property they’re in, infrastructure second.
Matt Frei: So we know from the pandemic era that the whole criminal justice system has got bogged down and there are massive delays. When the prime minister calls for swift justice at the moment, is he being unrealistic?
Nick Emmerson: Swift and efficient was the wording, I think, that was used by one minister, if not the prime minister. And I think when there are Crown Court backlogs of 68,000, backlogs in the magistrates courts of 387,000 cases, then unless we treat this as a special emergency situation, then yes, he is being realistic because every day that’s not what we’re seeing. Justice should be swift. Absolutely. But it’s not.
Matt Frei: But will it be, do you think, could it be?
Nick Emmerson: I think exceptions will be made for this case. And they’re going to ask lawyers to stand up and work extra hours to do this. But this will really… With a criminal justice system that has been depleted of funds, it’s not been a protected department. You’re really living on the fumes of goodwill of the legal profession.
Matt Frei: Because as the head of the Crown Prosecution Service, during the last riots in 2011, he, Keir Starmer, was the one who made that swift justice happen.
Nick Emmerson: But obviously, even if people attack lawyers, they’re still entitled to a lawyer to defend them as well, which is the irony of this situation. And so it’s asking those lawyers to come, step forward, those legal aid lawyers to step forward as well, which is different from the CPS, who are prosecuting.
Matt Frei: And finally, we’ve heard again from the head of the Crown Prosecution Service today that some of these crimes should be classed as terrorist crimes. You think that’s a good idea?
Nick Emmerson: If it’s lawful, then yes, it’s a good idea, but it does seem to be quite interesting language to use.
Matt Frei: Is it too much?
Nick Emmerson: It could be. I’d have to take a view on that. But yes, but I trust the DPP. He’s a good man. And I think if he sees it as terrorism and he sees the facts of the cases, then absolutely. I support him in that.