UK Border Agency

Gerald Kaufman Excerpts

Wednesday 4th July 2012 Commons Chamber

[Sir Gerald Kaufman (Manchester, Gorton) (Lab)]

I congratulate my right hon. Friend the Member for Leicester East (Keith Vaz) not only on the report of the Home Affairs Select Committee, which he chairs, but on what he said today, particularly how he ended his speech—on the abolition of appeal rights for visitors who are turned down.

If only because of the effluxion of time, as Winston Churchill called it, I have undoubtedly dealt with more immigration cases than any other Member ever has. At present, I have 71 cases on my “active” files, and as some are completed—occasionally positively but sometimes ending in despair—new ones flow in. When I hold my constituency advice bureaux, as I have done on the past two Saturdays, a preponderance of the cases I receive are immigration cases, and a substantial proportion of those who come to me are constituents of Pakistani or Bengali origin—although they do not all come from there; others are of African origin and so on. However, when I read in the newspapers, as I have done in the past few days, about a survey showing that people of Pakistani origin feel more British than anybody else in the country, I wonder how long it will last, given that the immigration service treats them as heartlessly, ineffectively, ineffectually and inefficiently as it does today.

I have dealt with Home Secretaries ever since I entered the House in 1970, but I do not deal with this Home Secretary because she is so arrogant that, unlike any other Home Secretary with whom I have corresponded, she will not touch an individual immigration case. For example, Douglas Hurd, among many other Tory Home Secretaries with whom I have had dealings, would not only deal with cases himself but, if I asked to see him about a case, which I rarely did, would immediately agree to see me. On one occasion, a man under a deportation notice said to me, “Let me see the Home Secretary so that he can tell me to my face why he is deporting me.” Douglas Hurd saw him, considered the case and reversed the decision, and that man is now living happily in Manchester with his family, who are now considerably grown-up. That was what Tory Home Secretaries such as Douglas Hurd, William Whitelaw, even Leon Brittan, were like. This Home Secretary believes she is too important to do what Douglas Hurd, Willie Whitelaw, Leon Brittan—and David Waddington and others—did.

[Keith Vaz]

In fact, given the abolition of the right of appeal, Members will want to go to Ministers much more often—that will delay Ministers and take up an enormous amount of their time—because there is nowhere else for them to go. They will be unable to go to the appeals system; they will have to go to Ministers.

[Sir Gerald Kaufman]

I accept that completely, but if my right hon. Friend will forgive me for apparently being patronising, he should not hope for too much from that process—in so far as it is a process.

It is not simply that the policy is a hard, harsh policy; individual cases are dealt with with a level of incompetence that would not be tolerated in pretty well any other area of activity. For example, last week the Minister for Immigration sent me a telephone number for a constituent to use when his DNA test had been completed—and it was completed successfully, I might say. The telephone number was wrong. That came from the Minister’s office, and with his signature. The Minister sometimes wonders why I insist on having my cases dealt with by a Minister. The answer is that the UK Border Agency is an agency, and a Minister’s signature on a letter is what a Member of Parliament has the right to have. We have only two rights: freedom of speech, within procedure, in this House; and access to Ministers. If we do not have those, we might as well not be here.

Let me give the House just a few examples of the botching that has gone on in cases I have dealt with. On 17 May, the Minister for Immigration wrote to me about a particular person, saying that a decision will be made on his application within the next four weeks. He came to me on Saturday, six weeks after that promise was made—no decision. Another constituent was told in a letter from the Minister that her application would be concluded within three months, yet it was not. What on earth is the point of him giving these specific commitments if they are to be broken?

Here is another one. The Minister wrote to me on 12 December 2011, saying that the case in question would be decided by the end of that month. By my calculation, we are into July 2012: no decision on that, after a promise by the Minister.

[Richard Fuller]

I am very grateful to the right hon. Gentleman for recounting stories that I think a number of us hear in our constituency surgeries. I am a new Member, having joined the House in 2010, but does he, like me, scratch his head at the number of constituents who have come to this country and have been waiting for many years for their cases to be resolved? What would he say, on reflection, about the attitude of the last Government in dealing with such cases as expeditiously as he is requesting this Government to do?

[Sir Gerald Kaufman]

I would be the first to say that it was not good enough. I remember when Charles Clarke was appointed Home Secretary. I ran into him in the Members’ Lobby, from which my office is 40 seconds away. I said, “I want you to come up to my office.” He did, and I showed him my special immigration file. I said, “I cannot lift it out of the filing cabinet. I expect, under your Home Secretaryship, to be able to lift the file.” It was not as good as it should have been. There were Ministers in that Government, including Charles Clarke and my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), who were personally accessible if there was a problem I wanted to discuss with them.

However, I have to tell the hon. Member for Bedford (Richard Fuller) that when I was gathering these cases to present to the House this afternoon, I had to use two files because my filing cabinet is now so full that I have to divide the cases into two, so that my secretary can lift one file or the other. I am not saying that it was paradise under the Labour Government by any means; what I am saying—I do not want to patronise the hon. Gentleman, but I do have the experience—is that things are far worse now.

Let me give one more example of a constituent whom the Home Secretary wrote to me about.

[Mr Winnick]

Will my right hon. Friend allow me?

[Sir Gerald Kaufman]

I will always give way to my hon. Friend.

[Mr Winnick]

The Home Affairs Committee was critical of the Labour Government at the time, although the situation was not as bad as it is now. But of course it was the last Labour Government who brought back the right of appeal.

--- Later in debate ---

[Sir Gerald Kaufman]

Of course it was, and they did so under pressure from a lot of us, including my hon. Friend and me. One of the problems, to which I will come in a moment, is that even now the right of appeal of itself may not necessarily provide a solution to the problem.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Will my right hon. Friend give way?

[Sir Gerald Kaufman]

If I may, I will give a further example, and then of course I will give way to my hon. Friend.

A woman came to see me recently saying that she had been to the Border Agency office at Dallas Court, in Salford, and was told by a man called Ken that it was pointless for her to apply for indefinite leave to remain because she would be refused. She then asked him what she was supposed to do. He told her to go to her Member of Parliament. I wrote to the Home Secretary to ask what I was supposed to do, given that the Border Agency had told her that any application from her would be refused. I have yet to receive a reply to that letter, which I wrote on 21 May. I tabled a question about it and was told that a reply had been sent, but I have not received one. What on earth is a Member of Parliament supposed to do when a Border Agency official says that they have to solve their constituent’s problem? Let me make it clear: if I were allowed to solve these problems, I would happily do so, and life would be a great deal more tranquil for a lot of my constituents.

[Seema Malhotra]

Does my right hon. Friend agree that the success rate of appeals against refusals of family visitor visas underlines concerns about the quality of initial decision making? For example, in 2010 almost 10% of family visit visas were issued after an appeal had been lodged. Any conversation about the removal of a right of appeal should be on the back of evidence that no decisions are being overturned.

[Sir Gerald Kaufman]

My hon. Friend is perfectly right; indeed, her intervention brings me to my next point, concerning visits.

One of the things about my Muslim constituents in particular—but not only my Muslim constituents—is that they have a very strong sense of family. I get case after case of somebody wanting to come here as a wedding guest but being turned down; and even with the right of appeal, the appeal process would be far longer than the period until the date of the wedding.

I raised one case in Prime Minister’s questions—the only question I have asked this Prime Minister—which involved a young woman in my constituency who wanted her 72-year-old grandmother to come to her wedding. Her grandmother was turned down, one of the reasons being that if she came here, she would try to get a job. Seventy-two years old; never left Pakistan in her life; cannot speak English; unemployment in my constituency at 10.7%—and this cunning old lady was going to twist her granddaughter’s wedding into an opportunity to get a job.

[Mr Winnick]

Perhaps by becoming an MP.

--- Later in debate ---

[Sir Gerald Kaufman]

She would be welcome.

I have of course had several wedding cases, like other hon. Members who have had similar experiences. I had a case the other day of a woman with a doctorate who wanted her mother to come from Pakistan for her graduation ceremony. I wrote to the Minister. When I really get the bit between my teeth, I do not simply write a letter and put it in the post; we actually use fax or e-mail—we have adopted these modern devices to try to get things speeded up. However, the mother of the lady concerned never got to her graduation ceremony. That is a lack in both their lives. What kind of human beings are they in the Border Agency that they do not take into account things of the heart and things of sentiment? That is what troubles me most about this issue. I also have a case of somebody who wants to come as a living kidney donor to a relative here. He has applied twice. The first time he was turned down—a living kidney donor!—and he has now applied again. I would be very interested to see what response I get this time.

One of the consequences of the way in which immigration administration is making a misery of the lives of many of my constituents is that before they come to me, or simultaneously with coming to me, they go to solicitors. I want to say this here and now: we have in the city of Manchester some of the most predatory and greedy solicitors. It is an utter disgrace. They take up a case, do nothing about it and then send the constituent to me to see whether I can sort it out. I wish that something could be done to deal with these greedy thieves, who deal with people who do not have much money anyhow. We do not have affluence in my constituency; we have deprivation. That is why, in cases such as that which my right hon. Friend the Member for Leicester East spoke about, involving somebody coming for a wedding being turned down, the advice is not to appeal—that would take month upon month—but to make a new application. That was what I was advised in the case of the young woman with the 72-year-old grandmother, but that would have cost them a lot of money. They do not have that money: they have already spent it once.

I welcome the opportunity of today’s debate, because I feel so utterly frustrated on behalf of my constituents—good, decent people, who want to live family lives, but who are prevented from doing so—and by a Government who are so utterly incompetent. If the Home Secretary was so busy that a person like me was just too trivial for her to deal with, because she was pursuing other, valuable and useful policies, I might just accept that, egoist though I am. However, we have had information this week that, because of her cuts, Greater Manchester police force says that it will not be able to cope with riots, if there are any this summer—and there might well be: constituents were talking to me about their fear of this at the weekend. I feel very strongly indeed about many of the across-the-board policies that this Government pursue, but one that strikes right at the heart of good, decent, family people is their immigration policy and its administration. It is about time it was changed.

[Several hon. Members]

rose—

--- Later in debate ---

[Chris Bryant (Rhondda) (Lab)]

To follow on directly from the nationalist argument that we have just heard, I presume that when Scotland is an independent country, if it is an independent country, it will join the European Union. Membership of the European Union requires that all new members are fully signed up to Schengen. Consequently, there will be a border between Scotland and England, so the Scottish border agency will spend most of its time dealing with whether people from England can go into Scotland. It is a nonsense.

A large number of right hon. and hon. Members have spoken in the debate this afternoon. It is an oddity that the debate is on a set of reports in relation to the UK Border Agency, yet it is also about spending £11 billion on the Home Office—a curiosity of how we do our financial expenditure in the House. We heard from my hon. Friends the Members for Slough (Fiona Mactaggart) and for Hayes and Harlington (John McDonnell), and from the hon. Members for Bedford (Richard Fuller) and for Bradford East (Mr Ward). Most notably, the greatest panjandrum of the lot, my right hon. Friend the Member for Leicester East (Keith Vaz) kicked us off, and my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) spoke as well.

In his speech my right hon. Friend the Member for Manchester, Gorton (Sir Gerald Kaufman) said one thing to which I took exception. He referred to a 72-year-old as being old. I am sure he thinks a 72-year-old is not old but is just coming to the prime of their life.

[Sir Gerald Kaufman]

I would say that a 72-year-old is gradually approaching the prime of her life.

[Chris Bryant]

And wisdom is slowly descending upon her.

The right hon. Member for Bermondsey and Old Southwark (Simon Hughes), who is not in his seat but who, I am sure, will be back in a moment, referred to the fact that a large part of the casework of many hon. Members relates to the UKBA, and we heard the voice of those Members in the Chamber this afternoon. It was noticeable that only one Back-Bench Conservative Member made a speech in the debate, which is different from previous occasions. The right hon. Member for Carshalton and Wallington (Tom Brake) spoke on behalf of the Liberal Democrats.

The role of the UKBA is to provide an immigration system that is efficient, effective, humane and as watertight as possible, and it must surely be an own goal if people can come in and out of our country or overstay, willy-nilly or, if the system is so complex that it is easy to circumvent or utterly impossible for an ordinary sane person to understand, or if the queues are so lengthy at our airports or ports that the UK’s reputation as a place to do business or as a place to come as a tourist is harmed, or if it costs too much money to run.

In the motion that we are discussing, we are spending £11,034,371,000. That is a significant amount of money and our constituents would want to make sure that it was being spent well.

As the various reports referred to in the debate—two of which are by the Home Affairs Committee—have made clear, the UKBA has not had an easy time. Last summer’s experiments by the Home Secretary meant that warnings index checks were suspended 354 times. They were suspended on European economic area school groups of under-16s travelling by coach at juxtaposed controls, originally with the permission of Ministers. The policy was then extended to sea ports and the Eurostar, which Ministers were notified of, but from February 2011 the age restriction was completely lifted without any degree of permission. The agency’s records on the suspension of warnings index checks were extremely poor, as Mr John Vine has testified. The secure ID was suspended 482 times between June 2010 and November 2011, 463 of which were at Heathrow, the country’s busiest airport.

We understand that this was all supposedly because the UKBA interpreted the Immigration Minister’s letter of 27 January 2011 as approval to lift the secure ID. He believes that that was not his intention whatsoever. The Home Secretary made clear her opposition to the moves being mooted on 13 April, yet it continued. This is obviously a sign of an organisation in chaos. Indeed, the independent chief inspector’s report states that

‘the language used in both the “Summer pressures” submission to Ministers and the response provided’—

in other words, by Ministers—

“was not clear and as a result was open to misinterpretation… there was confusion amongst staff”

not least because the Home Secretary’s office note did not clearly define any of the terms being used.

I would like to refer to another report by the independent chief inspector, on border control operations at Heathrow terminal 3 from August to November 2011, the same period covered by the Home Affairs Committee’s report. The inspector identified even more worrying signs, first of an

“inconsistent application of border security checks”,

and secondly of “completely inadequate” record keeping in two thirds of the cases examined. That matters, because all the references we have heard in the debate to paperwork further down the system being inadequate, poorly looked after, incomplete or disappearing into the black hole, or the Tardis, as my right hon. Friend the Member for Leicester East referred to it, stem from inadequate record keeping at the beginning. However, the report found such inadequate record keeping not only at terminal 3, but at Gatwick’s north terminal.

In addition, the inspector found:

“The introduction of team based working in July 2011, coupled with a new shift working system and the amalgamation of immigration and detection roles at Heathrow was far too much organisational change during the busiest time of the year at Heathrow.”

That goes to the heart of the point my hon. Friend the Member for Hayes and Harlington made on how staff morale can be kept up so that they do an effective and efficient job if they are trying to cope with so much change at the same time. Perhaps we are demanding too much of them. The inspector also found that all this was

“complicated by staff reductions of 15% at Terminal 3”.

We want secure borders, but it is difficult to provide them if we do not provide enough resources to allow the job to be done properly. When I visited Stansted on Monday to see the operation there, staff working for the UKBA made it clear to me that all the new staff who have been drafted in to help in the run-up to the Olympics and through the games receive only three days of training. They are unable to do the full job that is necessary and, consequently, there is a real security problem. In addition, the fact that they are suddenly recruiting back from retirement people who were made redundant only last year makes it look as if they do not really know what they are doing.

The report also found that:

“The Agency was failing proactively to deal with absconders,”

and I really want to raise that issue with the Minister, because there is a serious problem with absconders, and it is not just at terminal 3—although the report found that it had increased there

“by 62% between 2009 and 2011.”

Indeed, not only did the figure for those absconding go up, but the figure for people who were captured having absconded went down, falling from 40% to 16%, meaning that during that period alone some 150 people absconded—and have not been found.

I raise the matter because I worry that the general level of absconders is rising throughout the country, so, first, I should be grateful if the Minister said how many people who have been told that they are no longer able to stay in this country are still in this country. Can he pitch a figure? Is it 100,000, 150,000, 250,000? I suspect that it is about 150,000.

Secondly, the Government and the UKBA have absolutely no idea where many of those people may be, or whether they have left the country, and that must surely be a concern, so can the Minister confirm whether all absconders are added to the national police computer, either as wanted or with a local trace mark, so that when somebody pops up in another area it is possible to track them down? If they are not, the UKBA is failing in its task.

I raise one other problem in relation to the independent inspector’s report, namely that of measuring queues. I noticed at Stansted that the UKBA starts measuring the length of a queue only from the moment at which someone enters the terminal building, but the queues often start long before the terminal building, and the time from the moment someone enters the terminal to their passport being dealt with is normally only 20 minutes, because the vast majority of the queue is backed up way down a series of tunnels, on trains and, sometimes, on aeroplanes, so I am distrustful of the figures for queuing times at Stansted.