UK Border Agency

Debate between Lord Henley and Baroness Williams of Crosby

Thursday 19th July 2012 Lords Chamber

[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—

Justice and Security Bill [HL]

Debate between Lord Henley and Baroness Williams of Crosby

Monday 9th July 2012 Lords Chamber

[Baroness Williams of Crosby]

My Lords, let me say right away that I come to this issue completely as a laywoman because I have never been a member of the Intelligence and Security Committee, I have never been asked to be a member and I do not purport to have the arcane wisdom that is obviously involved in the intelligence committee. I speak simply as a laywoman puzzled about this point.

I find it strange that the quorum is as low as three—that is to say, one-third of a committee of nine. It puzzles me for two reasons. The first is perhaps best summed up by the rather agreeably brusque remarks of the noble Lord, Lord King of Bridgwater, who explained, when referring to Australia, that an “awkward squad” had decided to take over that country’s intelligence and security committee, and that it would therefore be open to the possibility of a small group effectively influencing the ISC in ways that might be troubling over the long term.

However, I have a rather different thought in mind. Sadly, many Parliaments around us are increasingly polarised, whereby the Government of the day and the opposition find it very hard to work together. The United States is just one example of that. If you have in a polarised parliament or congress a party that decides it will not co-operate with other parties even on such an important committee as an intelligence and security committee, the committee would be nullified by itself and it would be hard to reach overall decisions. Clearly, on a matter of such importance, it is important that a consensus, if one can be found, should be sought.

There is also another objection that I feel strongly about. The decision of a committee as important as the ISC should at least have to depend upon some level of attendance in addition to the three who may represent one party in order to give the committee the kind of credibility that the noble Lord, Lord Campbell-Savours, and many others referred to when they were talking about public attitudes towards the ISC. I should therefore have expected a larger quorum of at least four or five, rather than three, as stated in the Bill.

The main point of the amendment is to persuade the Minister to think about whether that quorum is not a little too small. There is a real danger that a faction could dominate the committee in a way that would be completely destructive of its credibility over a period of time. I therefore ask him to consider this issue, explain why the figure in the Bill is as low as three—for all I know, it always has been three and I do not know if changing it would be a bad precedent—and to say whether we could have a figure more convincing in terms of carrying public opinion with it.

I have no wish to delay the House but I am surprised that no other amendment has been tabled about the size of the quorum. That may be because I am not part of this wise and arcane group, and I am delighted now to see the noble Lord, Lord King of Bridgwater, to whom I have just referred in relation to the quorum being as low as three, which makes it possible for an awkward or fanatical club effectively to control the discussions of the ISC. The noble Lord quoted the case of Australia, as regards the danger that the committee, if there were a low quorum, could be dominated by a small faction or extreme group of some kind. I hope that he will not mind that I referred to him. I beg to move.

[Lord Henley]

My Lords, I start by being faintly flippant. I remind my noble friend that the quorum for this House and this Committee is only three—one to speak, one to listen and one to sit either in the Chair or on the Woolsack. Even with the crowded House that we have at the moment, we represent probably well below a third or even a tenth of the membership of the House. I should also remind my noble friend that my understanding is that it is the practice of most Select Committees to have a quorum of three or a quarter of the committee’s membership. Three is therefore the number that we have picked. Bearing in mind that the ISC is a relatively small committee with a membership of only nine, three represents a third of the membership.

Having said that, one should take my noble friend’s amendment seriously but we have not, as far as I am aware, had any problems with the quorum. A quorum of five might be overly restrictive, particularly if you take the view that the function of a quorum should be to provide protection against the possibility of a small number of persons on a body taking actions or decisions that could be unrepresentative of that body as a whole.

--- Later in debate ---

[Baroness Williams of Crosby]

With great respect, I do not think that what the noble Lord, Lord King of Bridgwater, said went very far towards supporting the argument that because there is such good attendance at this extremely important committee there is a case for a very low quorum. On the contrary, it seems to me that Members take their duties so seriously—and rightly so, given the importance of the subject matter—that it would not be disruptive to increase the quorum, at least to some extent, from the present three.

Again with great respect, the fact that around 5% of the possible attendance of the House of Lords is present at this particular discussion is not really the point because, of course, noble Lords attend when they are expert or knowledgeable on a particular subject and do not come when this is not the case. In the case of the Intelligence and Security Committee, one assumes from its very careful appointments process that most members are people with a strong commitment and very considerable knowledge of the fields in which they operate.

[Lord Henley]

My Lords, I hope my noble friend heard in my opening remarks that I was being faintly flippant when talking about this House. I agree that this is a very important committee. I am very happy that attendance is well above its quorum number—that it is always fully quorate. However, I do not think it is necessary to restrict it in such a manner by bringing in an artificially high quorum, which would be completely unlike all other committees. I think that three out of nine is a perfectly effective number and I hope, therefore, that my noble friend will feel able to withdraw her amendment.

[Baroness Williams of Crosby]

I beg leave to withdraw the amendment in the knowledge that I shall certainly return to this issue on Report.

UK Border Security: 30 November

Debate between Lord Henley and Baroness Williams of Crosby

Monday 28th November 2011 Lords Chamber

[Lord Henley]

My Lords, I condemn the strike as it affects our security and the arrangements we are having to make. That is the condemnation I am still waiting to hear from the party opposite.

[Baroness Williams of Crosby]

My Lords, can the Minister tell the House what assurances, if any, we have from schools about the protection of the safety of children, particularly when their parents are at work or may find it difficult to return from work because of the effects of the demonstration? Can he say whether there have been consultations with the Department for Education on this point?

[Lord Henley]

My Lords, I am not aware of any consultations with the Department for Education. I will certainly make inquiries and get back to my noble friend later this afternoon. I am sure there will have been discussions for the very reasons my noble friend raises.

Public Bodies Bill [HL]

Debate between Lord Henley and Baroness Williams of Crosby

Monday 28th February 2011 Lords Chamber

[Baroness Williams of Crosby]

I apologise for intervening, but I wanted to make certain that I understood exactly what the Minister was saying. I take it that, along with the major dead parrot, all the smaller parrots die as well, including all the amendments that come under the broad heading of Clauses 17 and 18. However, on the proposed expert panel on forestry, which I understand will report back in the autumn, will there be an opportunity to raise the issue of the make-up of that panel? For example, will it include a person with knowledge of the heritage forests? If there is no opportunity to raise this, I will have to pursue the issue through Parliamentary Questions. I speak as someone who was about to make an eloquent short speech on the subject of the New Forest—the largest and most historic heritage forest. I will pass that opportunity up given whatever answer the Minister gives me on the earlier point.

[Lord Henley]

I will not speculate on the make-up of that panel other than what I have said already. I said that the panel should be relatively small. Most of us would agree that to create an overlarge panel would be unwieldy. Having said that, while I was abroad I received an e-mail from the noble Baroness, Lady Royall, suggesting one particular group, while many other noble Lords have sent other suggestions. We want to create a small group but it should be understood by everyone that that group would have the power to consult and to set up sub-groups to ensure that as many as possible are included. I will not give a precise figure about how small that group should be, but it should, as I said, be relatively small and focused. We want to make sure that it reaches out to all the other people and we will make it quite clear to members of that group once we have appointed it, and appointed an independent chairman, that they should be consulting with many of those who have already written to the department or made their views known.

I am not sure whether the noble Baroness will have another opportunity in our proceedings on the Bill to discuss these matters because all the forestry amendments that can be are in this group. One or two amendments cannot be in this group because they would insert clauses after Clauses 17 and 18 and, if those clauses are not there, the amendments obviously cannot be moved. I am sure that the noble Baroness will find ways of tabling amendments should she wish to do so. She will also find ways of speaking to me or to other colleagues to put forward her views about who might or might not be on the panel.

I notice that the noble Baroness has tabled Amendment 174ZB much later on, which cannot be moved because it would come after these amendments and those clauses will not exist. The amendment is also in the names of her noble friends Lord Greaves and Lord Strathclyde, but my noble friend Lord Strathclyde’s name is there in error. That amendment mentions the New Forest, Sherwood Forest, the Forest of Dean and Kielder Forest. I was intrigued to see Sherwood Forest mentioned. I had visions of sylvan glades and Errol Flynn skipping around in green tights, with the noble Baroness possibly as Maid Marion. But we will see about that in due course.

The noble Baroness will find her own way of making suggestions about who should or should not be on the committee. All I am saying is that we would like to keep it small and focused. Although they might represent certain groups, we want those on the committee to be there for their individual expertise and experience rather than for representing the particular groups involved.

Fulbright Scholarship Programme: Funding

Debate between Lord Henley and Baroness Williams of Crosby

Monday 22nd November 2010 Lords Chamber

[Lord Henley]

My Lords, I believe that this is a serious obligation on the people of both the United Kingdom and the United States. The agreement was set up back in 1947 as the result of suggestions, as I understand it, originally made by Senator Fulbright from the United States. I do not know from which side it came, but there is a commitment. All I can do is to repeat what I have said: we remain committed to the programme, but I cannot give any final figures at this stage.

[Baroness Williams of Crosby]

My Lords, may I add my name to the distinguished list of names from all around the House and say how proud I am to be part of such a group? Does the Minister agree that Administrations, strikingly of all kinds, in the United States have maintained very generously their commitment to the Fulbright programme? Does he also agree that it enables people from every possible background and regardless of income, if they have the ability to benefit from them, to have the great advantage of spending time in the United States and really getting to understand that amazing country much better than they would without that opportunity?

[Lord Henley]

My Lords, I am glad that we have now heard from a former Fulbright scholar from all four sections of the House, and I offer my congratulations to the noble Baroness. Again, there has been a commitment by all parties, but I should point out as I did earlier, that the United States grant has remained static for the past four or five years, so it has not been raising it. Although we have raised it in the past, we now have to consider where we are. All I can say yet again to the House is that we will consider these matters in due course, and we expect to finalise details of the settlement relatively soon in the new year.