Dunne Speaks: The Lees-Galloway Mess
The one constant about the Karel Sroubek case is that every day seems to reveal more uncertainty. But while we are no closer to either a resolution of the case, or even a clear understanding of why Minister Lees-Galloway has acted the way he has, some things are a little clearer.
For a start, Lees-Galloway did not grant Sroubek permanent residence - that happened in 2008 (albeit under a false name), before Lees-Galloway was even in Parliament, let alone Minister of Immigration. We also know, by deduction, that the decision to grant permanent residence must have been considered so straightforward by immigration officials at the time that it did not require reference to the then Minister, because officials have now conceded the only Minister they have ever discussed the case with is Lees-Galloway, after October 2017. And, somewhere along the way, presumably after Sroubek’s imprisonment in 2016, officials discovered the false identity and reissued the permanent residence in his correct name.
When
Sroubek became eligible for release, officials raised the
case with Lees-Galloway, seeking his confirmation that the
standard deportation provisions should apply. Here is where
the situation starts to get murky. It appears - for reasons
which are not yet known - that Lees-Galloway declined to
confirm Sroubek’s deportation, choosing instead to defer
the requirement for five years, thus upholding Sroubek’s
permanent residence and allowing him to stay
here.
In the wake of the ensuing uproar, and the
release of more information about Sroubek’s background
that was apparently and curiously not known previously to
officials, Lees-Galloway has ordered a reconsideration of
the case. But that has only made things more difficult.
Lees-Galloway is already under strong public and political
pressure to just overturn Sroubek’s permanent residence
immediately and send him on his way. That is the one thing
he cannot do - for reasons of natural justice in the event
of any subsequent push for a judicial review of his
decision-making - so Lees-Galloway has to be seen to now
have followed due process, which will be time consuming. And
while this rolls on, he has to suffer the death of a
thousand cuts on almost a daily basis.
This whole
saga raises many questions of judgement, most of which come
back to Lees-Galloway. While he cannot be held responsible
for the original residency decision, which happened long
before he became Minister, he has to be held responsible for
the decision to effectively confirm Sroubek’s residence by
deferring the usually automatic deportation decision for up
to five years. There have to be serious questions as to his
reasons why. Moreover, his failure to offer anything
approaching a credible explanation of his actions starts to
bring his wider judgment and suitability to hold
Ministerial office into question. His subsequent bizarre
behaviour (hiding awkwardly behind pillars to avoid
journalists and less than stellar defences of his position
in the House) raises even more doubts.
No doubt
officials will find compelling reasons over the next couple
of weeks to enable Lees-Galloway to overturn his decision
and Sroubek’s residency. But that will not excuse them for
the original decision to grant residence to Sroubek, and not
pick up until much later the false identity he was
using.
With allegedly improved information sharing
between relevant government agencies following the 2014
Smith/Trainor passport fraud case, there should have been no
reason for not picking up Sroubek’s real identity much
earlier. The discovery that Sroubek used a false identity to
gain residence all those years ago was a sufficiently
serious matter to have been to the attention of the Minister
of the day at that time. There needs to be some explanation
for this, and steps taken to ensure future Ministers are not
subject to similar blindsides.
Probably the worst
news for Lees-Galloway is that while the Prime Minister did
not seem at first to know too much or even be all that
interested in the Sroubek case, she is now engaged and
becoming irritated and frustrated by what is being
disclosed. He will also be well aware that two Ministers
have already fallen this year over performance and conduct
issues, and will be increasingly concerned not to become the
next one to go.
He will have realised that what
officials disclose when they eventually report back will
determine not only Sroubek’s fate, but also his
own.
ends