IF only the government at Westminster did not rush into legislation without thinking things through and listening to more sober counsel. As a result it is now forced - rightly - to suspend controversial new rules on "sham" marriages which the High Court considers are in breach of human rights. It is a shame - because no--one in their right mind can suppose the institution of marriage has not been cynically and extensively abused to provide a loophole through which immigration controls could be by-passed - and indeed via which humans were being trafficked. But by not framing its law correctly, the government has, it would appear, been guilty of unlawful discrimination. This is why parliamentary scrutiny - however unfashionable and unnecessary it may seem - works. And why the government's good intentions once again have foundered on its arrogance and inexperience. Consider one recent case in which a gang are thought to have made millions of pounds from organising more than 120 sham marriages to enable Nigerian immigrants to stay in Britain. This type of abuse not only makes a mockery of our laws and leaves the vulnerable open to extortion and blackmail, but leaves Britain's entire immigration policy in tatters. There were estimates of 15,000 bogus marriages a year in Britain - over half of them in London. The new rules helped stem this tide by making people subject to immigration control obtain a special "certificate of approval" from the Home Office before they could marry in the UK. Extraordinarily it was decided that Church of England marriages alone should be exempt from the rules - thereby unfairly disadvantaging not only non-Anglican Christians but also members of other faiths, including Muslims and Hindus. Genuine couples, including UK citizens from ethnic minorities, were prevented from marrying, The High Court decided - in contravention of Article 12 of the European Convention on Human Rights, the "right to marry", and Article 14, the right not to be discriminated against. It is hard not to agree - yet the loophole must be plugged. Legislate in haste and repent at leisure, seems to be the watchword here. It is to be hoped the government's second trip down this particular aisle is more successful. |