UK Border Agency

Baroness Williams of Crosby Excerpts

Thursday 19th July 2012 Lords Chamber

[Baroness Williams of Crosby]

My Lords, I shall begin by asking the Minister a direct question, which I shall come back to if he feels unable to answer it in his winding-up speech: will he ensure that United Kingdom Border Agency staff are asked to read this debate in Hansard? Whenever I come to take part in or listen to discussions on the House of Lords, not least on issues of civil liberties, I am always struck by the extraordinary level of commitment and expertise to be found here.

Of all those who have contributed, like the noble Lord, Lord Ramsbotham, my noble friend Lord Dholakia and others, among the prime movers in this whole area is my noble friend Lord Avebury. Without going on about him, I think that we all recognise that he is a great credit to this country and the kind of person who Parliament can be proud of because of the persistence and commitment that he shows unreservedly, and with great dedication, day after day.

I shall speak on several issues and be brief about all of them. One of those issues is the things that are patently and immediately wrong, and could be put right relatively easily without any great expenditure. Another is a good example of what could be done at no great expense at all. Then there is what I regard as the deep, almost impossible dichotomy in what we ask UKBA to do between, on the one hand, the commitment to human rights and human decency and, on the other, the overriding pressure on the agency to cut down the number of people coming to this country for whatever reason, however good, that is brought to bear on it by the media and to some extent by those of us who are politicians. In the end, we cannot blame UKBA for things that stem from political dogma and prejudice. We have to take considerable responsibility ourselves.

Let me first say that I strongly support what the noble Lord, Lord Marlesford, said about being very cautious indeed about outsourcing. We have all read the reports in the past day or two about the House of Commons Select Committee investigation of G4S. However, G4S is likely to be given yet further responsibilities in the next few weeks, not least because of the Olympics. At a certain point, when an organisation, be it public or private, clearly fails, there has to be a careful investigation of its contracts and a decision on whether to continue with those contracts. The chief executive of G4S, Mr Nick Buckles, has been described by the Select Committee as someone who has no idea of what is going on and has shown an extraordinary ability to deny that he knows anything about it, which, I note, has become a great characteristic among those who are being subjected to investigation in almost any area. I strongly suggest that one has to ask whether such an organisation should be responsible for such sensitive issues as the deportation, or, for that matter, the admission, of people from other countries, many of whom have very profound histories of suffering and torture.

The second issue I want to raise very quickly is the question of what are sometimes called legacy cases. The issue has been raised by the noble Lord, Lord Ramsbotham, and others, and also by my noble friend Lord Avebury. What are legacy cases? They are cases that have been pending for five years or very much more, in which people have been living in this country as residents, but under the weight of a sword of Damocles, as they may at any point no longer have leave to remain. I believe that the Home Office’s decision to move from indefinite leave to remain to what is now called, in the Home Office’s own phrase, discretionary leave is extremely foolish. Somebody who is given only discretionary leave, but who has lived in this country for five years or more already, will be uncertain about his future and that of his family. He can make no long-term investment in his existence in this country, whether that be a financial investment or a social and personal investment in his children and grandchildren. Discretionary leave is a very poor substitute for indefinite leave to remain. I strongly suggest that we need to look closely at whether an amnesty should be considered as a serious possibility for those who have lived in this country for five years or more with no criminal record of any kind. Amnesties have been granted with good results in a number of other countries.

A further short-term issue I would like to bring up is what is called the fast-track process. It is almost the exact opposite of what ought to happen. The whole asylum and refugee system cannot be built up soundly unless careful attention is given at the first stage. In this country, we have an endless process of appeals and legal interventions, demands, requests and so on, which means that people live here for years without having the right to stay but without any pressure to go. That is because our first-stage processes of admission and refusal are so inefficiently, and, often, so inadequately, advanced. We have to look again at fast-track procedures and ask that thorough early-stage procedures be substituted for them. Failing fast-track procedures, which open the door to appeal after appeal, are disastrous if we want an inexpensive and efficient way to deal with the process. We see that more and more at the present time.

The third issue I want to mention very quickly—and I have a close eye on the time—is that of the return of young people literally within a week or two of reaching the age of 18. Some of these young people, who had been protected by their minority status, are being sent back, right at the present time, to Iraq and Afghanistan. I beg noble Lords to give one moment’s consideration to this: imagine you are an unaccompanied 18 year-old, who may have no contacts whatever in the country to which you are being deported. What do you think you do? You turn to those who are willing to befriend you and, if they happen to be called al-Qaeda, well, bad luck; they are better than nothing at all. We are returning potential terrorists to countries which are insecure and fragile. I cannot think of anything very much more foolish to dream up in a bath on a dark night.

The fourth issue, in only five, was raised by my noble friend and put forward by Asylum Aid: a complete failure to recognise the special position of women in a world where, tragically, rape has become a weapon of war. I first encountered this when Dame Anne Warburton produced a brilliant report on the way in which rape was being used as a weapon of war in Bosnia. Far from disappearing, it has become ever more significant, yet when a woman comes to this country as an asylum seeker, claiming that she has been abused and raped, her case is very often dismissed. That is partly because there are no expert elements in the UKBA, such as there are—thank goodness—in the Metropolitan Police, to consider the special cases of rape and sexual abuse. She usually ends up as a prostitute on the streets of King’s Cross or Everton or somewhere else, because it is the only way in which she can raise the money to keep alive. That is a totally undesirable contribution to the criminal community in our own country.

Finally—before I give an example of something better that can happen—there are those who are left on their own with no means of keeping alive until their case has been heard. The instance of trying to take a very long time to decide an asylum case, with no decent and legal means of support being made available, is once again an invitation for people to be degraded and for others to exploit them and make money out of them.

As for a good example, I am very proud to express to this House an interest that I share with my noble friend Lord Dholakia: we are both patrons of a body called the Gatwick Detainees Welfare Group. The group has managed to recruit no fewer than 100 volunteers from among the citizens of the region around Crawley and Gatwick Airport. They are paid nothing; they spend their own money to be able to go and sit with detainees, befriend them, talk to them and give them a sense that, somewhere, there is a source of support, trust and help. There is a waiting list to join the volunteers, amazingly enough. Only a couple of weeks ago, 450 people turned up at a theatre in Crawley to listen to what the refugees had to say about what they had been through and about the songs and poems that had kept them going. This was a crowd of our fellow citizens, not specially selected but men and women who cared about the well-being of their fellow citizens. I suggest going down the path, at least to some extent, of providing confident, human help to one’s peers, rather than following endless, complicated, inexplicable and incomprehensible processes of immigration rules without recognising the human dimension. The latter makes everything more expensive, more complicated and sadder.

I strongly endorse what the noble Baroness, Lady Hooper, said by saying in one sentence that one of the greatest investments that this country can make is in those who carry back to their own countries democracy, education and a commitment to the rule of law. We will not get that by making it harder for overseas students to come here or by treating human beings as if they were so much fodder to become terrorists tomorrow.

--- Later in debate ---

[The Minister of State, Home Office (Lord Henley)]

My Lords, the first question I should like to answer was put to me by my noble friend Lady Williams of Crosby, who asked whether I would make sure that all UKBA staff read a copy of this debate. I do not think that I can ensure that that happens but I will certainly make sure that a copy goes from my office to Rob Whiteman, the head of UKBA. It will be up to him to decide on the most appropriate method by which he can disseminate the various words of wisdom that have appeared in this debate throughout the entire United Kingdom Border Agency.

[Baroness Williams of Crosby]

I am most grateful to my noble friend.

[Lord Henley]

Perhaps I may say to my noble kinsman Lord Avebury, who introduced this debate and asked a very large number of questions—they were coming out at the rate of four or five a minute at one stage and I am not sure that I got them all down or that I will be able to respond to all of them—that we accept that scrutiny of all government agencies is crucial to ensuring that they deliver the appropriate government policy and offer appropriate value for money. Reports on the work of the border agency have shown the Government that, as in all organisations, there is—how can I put it?—some room for improvement.

I stress that today’s debate is about the role and performance of the United Kingdom Border Agency. However, I will say a little about policy, which is a matter for the Government, because obviously it is important in this area. I think that it would be useful if I start by clarifying the roles of the United Kingdom Border Agency, which this debate is about, and the UK Border Force, which this debate is not about. In March 2012, the border force was split from the United Kingdom Border Agency. There are now two completely separate organisations which work together to provide border and migration control. The UK Border Agency is responsible for actions before people get to the border, and once they are beyond the border and in the UK. The UK Border Force is responsible for protecting the border itself through entry control and customs functions at the border.

Outside the United Kingdom, the UK Border Agency is responsible for the visa system and an intelligence network that checks people travelling to the UK before they arrive and ensures that those who have no right to enter the UK do not come here. In the UK, the UK Border Agency carries out immigration casework—for example, asylum applications, which we will come to in due course, and applications for people to settle in the UK—as well as ensuring those who have no right to be here leave, whether by helping them to return voluntarily or by enforcing their removal. Again, I will say a bit about that later.

I have to say that questions relating to the border force go somewhat wide of the scope of the debate. I appreciate that my noble kinsman, my noble friends Lord Marlesford and Lord Alderdice, the noble Lord, Lord Birt, and most recently, the noble Lord, Lord Rosser, all raised serious questions about the border force. But in light of the debate and the number of questions I will have to come to, those issues will have to wait for another day. I shall deal with just some of the concerns that have been raised by noble Lords in this debate before I say a word or two about policy and where we wish to be. I appreciate that a large range of questions were asked and I imagine that in the end, as always, I will deal with only a mere tithe of them in this wind-up. I hope that I can write to noble Lords about some of their other concerns in due course.

One of the first questions put to me by my noble kinsman Lord Avebury was about bonuses within UKBA and his regret that they were being paid when there were failures within UKBA. As he probably knows, only the top performers who have consistently worked to a very high standard are recognised through bonuses. We have significantly reduced the value and the number of payments made to senior managers. I think that only a quarter of all staff—the overwhelming majority of whom are front-line officers—were awarded an average of around £500 last year and, I should make clear, only after meeting very strict criteria.

My noble kinsman was worried about the number of appeals allowed, and suggested that 36% was an all-time record. In 2010-11 the Courts and Tribunals Service statistics recorded that some 36% of appeals were allowed, which was not an all-time record. Over the past two years, the figure for allowed appeals, based on the same statistic from HM Courts and Tribunals, has decreased both in percentage terms and volume. I think that in 2009-10 it was 41%, and 38% the year before. If I have got those figures wrong I will write to my noble friend. He seemed to say that it suggested that the decision-making criteria were too hard.

Appeals are allowed for a variety of reasons, including evidence being submitted at the hearing that was previously not seen in the decision-making process. He will know about that in relation to the changes we are making in the Crime and Courts Bill. Consequently the allowed appeal rate is not always indicative of whether the original decision was of poor quality or too harsh. Certainly the Border Agency works hard to analyse the reasons for allowed appeals, in order to identify trends and implement improvements.

My noble kinsman also asked about removal of overstayers, and whether that was a priority of the agency. As he knows well, enforcement is a vital part of the agency’s operations, and it relies on intelligence to identify and take action against those with no right to be here. The Government are certainly determined to crack down on any illegal immigrants who are here without any right to be, and anyone found living or working here is liable to be detained or removed. We believe that illegal immigration, as we have made clear on all occasions, puts undue pressure on public services, local communities and legitimate businesses. This summer we have launched a UK-wide operation to remove overstayers, and have already seen some 2,000 removals since the campaign started. In addition, local immigration teams across the country continue to deal with migration refusal cases. That brings me to the important question of how we deal with the removals, and whether we are doing them in the right manner.

The right reverend Prelate the Bishop of Newcastle talked about dawn raids on families, and whether they were appropriate. We would always like people who are here illegally—whether families or others—to leave voluntarily. It is only our last resort to use an enforced return. To reduce the risk of families who will not remove themselves voluntarily absconding, it is sometimes necessary to visit them early in the morning when they are most likely to be at home. However, I can assure the right reverend Prelate that that process is overseen by the Independent Family Returns Panel to ensure that the welfare of children is taken properly into account.

My noble kinsman Lord Avebury, the right reverend Prelate the Bishop of Newcastle and others talked about the legacy cases and the problem of clearing the archive. We are dealing with a controlled archive of legacy, asylum and migration cases. These are cases that have not been traced or concluded but continue to be reviewed and checked. We are confident that we will close the controlled archive by the end of December this year. By that point, having checked cases a number of times across multiple databases, including against financial records, the benefits system and HMRC’s systems, as well as our own, we should be satisfied that those individuals are no longer in the country.

The noble Lord, Lord Hylton, also asked about ELAP, the early legal advice project. As he will be well aware, we want to ensure the provision of high-quality advice, including legal advice to asylum seekers—whether it comes from lawyers or others. He will be aware that ELAP is a very important opportunity to improve our understanding of what works. The project has run since November 2010 and has been extended until March next year. By then we will be in receipt of a final report so that we can make informed decisions about the next steps, based on a fair and thorough evaluation of front-loading legal advice services. Given that the evaluation postdates the next round of legal aid contracts, any decision on a national rollout may not be possible straight away; it will take time to work out the detail of funding mechanisms. The United Kingdom Border Agency will work with partners and the Ministry of Justice to do so as quickly and practically as possible.

My noble friend Lady Hooper raised questions relating to Mexico and asked whether we were meeting criteria for how we should be performing on visas in that country. I can say that visa performance in Mexico is currently good. Short-term visas in Mexico are turned around in an average of 10 days, which certainly matches the figure for other countries. It is something of which the border agency can be proud.

My noble kinsman Lord Avebury and the noble Lord, Lord Ramsbotham, raised the case of Mr Jimmy Mubenga. The agency deeply regrets the death of Mr Mubenga. We will very carefully consider any issues that were raised by the CPS investigation and we will certainly decide whether any further action is appropriate once the Prisons and Probation Ombudsman’s investigation and the coroner’s inquest have been completed. The noble Lord, Lord Ramsbotham, also asked whether certain letters relating to this case could be put in the Library. May I look at that issue, write to the noble Lord in due course and see whether a response is appropriate?

However, that brings me to the question of restraint and the use of force raised by the noble Lord. In the majority of cases, we believe that the use of force and restraint when undertaking removals is unnecessary. Home Office-approved control and restraint techniques, including the handcuffing of detainees, are only ever used in the removal process where they are deemed necessary to ensure the safety and security of detainees, escorting and airline staff, and other passengers. If handcuffs, for example, are used, they are always removed at the earliest appropriate opportunity, when it is considered safe to do so and when there is no risk to others on board. I hope that the noble Lord will accept that assurance.

I wanted first to deal with some of the points that had been made. I now want to say a little about government policy itself. The border agency obviously deals with the operation of our systems but, in the end, as my noble friend pointed out, it is we, Parliament and the Government, who are responsible for policy, and we should not blame the border agency for policy. That is a matter for the Government and I am here to speak for them. The Government’s overall aim is to rectify an out-of-control immigration system by bringing down net migration while still attracting to the United Kingdom those who we believe are the brightest and the best.

We believe that a comprehensive set of policy reforms on work, students, settlement and family have set the way to achieve that end. It is now for the border agency, which is building on those policy changes through operational change, to deliver the reductions in long-term immigration that the Government expect, while at the same time not preventing valuable and genuine visitors coming to the United Kingdom. The agency has recently implemented measures to control family migration and made significant changes to the visa routes for students, workers and those who wish to settle in the United Kingdom. Across the board the agency has tightened up the requirements for those who wish to come here, by increasing language requirements, salary thresholds and skills levels.

I turn first to students. I listened to what my noble friends Lady Williams, Lord Alderdice and Lady Hooper, and the noble Lord, Lord Judd, said about students and universities. I have some sympathy with the points that all of them put, but the arguments put forward by the noble Lord, Lord Judd, seemed to go somewhat too far at times. What was the remark I put to my noble friend sitting next to me? I think it was, “What planet is he on?”. He seemed to have gone so far away from what we are doing, and what we are trying to do. All we have done is to try to reform the student visa route. The measures we are taking are to ensure that students can be reassured that they are attending genuine institutions that have been properly inspected. That is good for the country, the education sector and the students themselves. The measures include: a tightening of the regime for licensing colleges that sponsor foreign students; restrictions on the entitlement of students, including the right to work; and the closure of the post-study work route from April 2012.

No student who has an offer from a genuine, proper university, and who can speak English, is going to suffer in any way at all. When the noble Lord looks, if he will, at the numbers of those coming from abroad to attend British universities, he will find the figures more or less as they have always been; the students are still coming in. What we have seen is a decline in the number of those coming into very spurious and dubious colleges that were really there just as a way of getting round the immigration system, and served no other purpose whatever.

I would give way, but I have only got two more minutes—