UK Border Agency: Visas and Passports

Lord Rosser Excerpts

Tuesday 11th January 2011 Lords Chamber

[Lord Rosser]

My Lords, I, too, thank the noble Baroness, Lady Hooper, for securing this debate on an issue that, as the noble Baroness said, has previously been the source of concern to Members of your Lordships’ House. Operating in some 135 countries, the UK Border Agency provides a front-line border control before people ever reach the UK. As we know, that is an important role, since over 75 per cent of the world’s population require a visa to come to the UK and all businesspeople, workers and students staying longer than six months need a visa regardless of their nationality.

The UK Border Agency international group visa services directorate handles the overseas visa service and, as I understand it, at the start of 2009 managed over 150 visa application centres in British missions. Of these, 73 were spoke posts, from which some or all of the applications are transferred to a hub post, where the decision is made. In addition, there are large numbers of visa application centres run by the border agency’s commercial partners and by the Department of Homeland Security in the United States.

In 2006, the independent monitor for entry clearance refusals, whose role was to oversee and review the visa clearance system, reported on the inconsistencies and lack of fairness faced by people when applying for visas. The report was made following visits to different parts of the world, including Latin America. Some three years later, in 2009, the independent monitor reported on what she described as an organisation under pressure and identified a number of issues for the UK Border Agency international group to address, including what one would have thought were fairly basic points, such as ensuring that all the evidence is taken into account when reaching a decision and ensuring adequate data capture.

A report by the Home Affairs Committee in the other place in early 2009 indicated that the independent monitor had said that refusals of UK visa applications were taking too long and were unintelligible. She also expressed concerns to the committee that UKBA staff were predisposed to approving entry to the UK because of the increased workload caused by visa refusals. We have heard examples this evening from your Lordships of apparently complex and time-consuming procedures for application that appear to at least some of those having to go through those procedures to be far from user-friendly and lacking in easy contact with a human being who can give information or guidance about the application. This, of course, is not some new or recent development, as the reports from the independent monitor make clear.

From the point of view of the Government of the day, over recent years there has been a desire to tighten up border controls and to have procedures and processes in place that are consistent and fair but achieve that objective. Overseas, all visa applications are checked against security, criminal and immigration watch lists and the e-Borders system allows the agency to vet passengers bound for the UK before they arrive.

While its focus is on protecting the UK by ensuring that harmful and illicit goods and people do not reach this country, the UK Border Agency—this has been said in the debate—also has an important role in facilitating the smooth passage of legitimate travel and trade, which benefit the UK economy. In 2009-10 the agency processed nearly 2.5 million visa applications, of which just over 2 million resulted in a visa being issued. The independent monitor identified in her final published report—her role has now been taken over by the independent chief inspector—that in just under 85 per cent of 906 cases sampled the refusal notices were reasonable and provided correct information.

In his annual report for 2009-10, the independent chief inspector states that he is now also reporting in his capacity as the independent monitor for entry clearance refusals and highlights four major recurring concerns, including the need for the UK Border Agency to make good-quality decisions, the need for agency staff to maintain and have reliable access to accurate case information and the need to treat people fairly and consistently. The independent chief inspector also states in his report that during his inspections he repeatedly found examples of agency staff not following the agency’s own standards and guidance.

The UK Border Agency has as one of its objectives the implementation of fast and fair decisions, but the concerns being raised in the debate this evening, which seem to have been shared at least in part by the independent monitor and now by the independent chief inspector, are whether speed, consistency and fairness have been achieved to the extent that they should and whether the procedures and processes in place are always geared to taking account of the fact that there are very different categories of people making applications who are seeking to spend widely differing periods of time in the UK.

I am sure that when she responds the Minister will want to address the points that have been raised this evening, including the extent to which the recommendations and issues for action identified by the independent monitor, and the independent chief inspector now that he has taken over the role, have or have not been implemented and the progress that has been made. No doubt the Minister will also wish to say where the Government are with their review of the student visa system in the light of the criticisms of the student visa provisions.

More than 2,600 UK Border Agency staff are directly involved in the overseas visa operation, of whom around 350 work in London. Visa sections around the world employ just under 700 UK-based staff who go overseas on short-term postings and just over 1,600 locally engaged staff. Following the recent comprehensive review, the UK Border Agency is facing cuts of about 20 per cent and is expecting to take that percentage out of the front line as well as making cuts in support services. There were 1,700 job cuts last year and a further 5,000 are anticipated by the UK Border Agency over the period of the spending review. Obviously, the UK Border Agency employs many more staff than those directly involved in the overseas visa operation, which is the principal focus of the debate this evening, but will there be any job cuts among staff involved in the overseas visa operation and, if so, how many? Will the Minister give an assurance that, whatever job cuts are made by the agency, there will be no adverse impact on the quality of service and decision-making in the overseas visa operation, particularly in the light of the concerns already expressed about the current situation—this has been going on for some time—by the independent monitor and the independent chief inspector?