Following up recommendations
594. The Home Office receives reports almost every
week urging it to act, from Inspectorates, the NAO, the Audit
Commission and independent monitors, not to mention Select Committees.
A list of recent reports relating to immigration is appended to
this Report.
595. As we have noted above in relation to the NAO
report on the entry clearance operation (paragraphs 179 to 182),
there may be a lot of work going on to implement recommendations,
but it is very difficult to determine this let alone to assess
whether the steps being taken do actually meet the requirements.
596. In other cases recommendations go unheeded,
particularly if they come from an unexpected quarter. It was perhaps
because warnings to the IND about foreign prisoners came from
HM Inspector of Prisons that they were not adequately followed
up (see (paragraphs 522 to 525).
597. Sir John Gieve, former Permanent Secretary at
the Home Office, told us that whilst there was no comprehensive
system for following up recommendations, there is generally an
action plan and monitoring:
It depends what the report is on, who it is from
and what it is about. Generally, there will be a directorate or
senor official who is responsible for that area of work. They
will prepare a response because nearly all these reports have
responses. They will know that there will be a follow-up. The
Inspector of Prisons is making many annual reports and will come
back to these later so they know there is a follow-up. Usually,
an action plan is drawn up. We decide what we are going to do
in whichever area it is and then there is a monitoring process
to make sure it happens.[594]
598. Given the stream of reports and recommendations
relating to immigration which appear every year, a clear method
for keeping track of the Government's progress in responding to
each of them is essential. Annual checklists should be published
showing what progress has been made across Government on recommendations
from independent monitors, audit committees, the National Audit
Office, Select Committees and other official reports.
Oversight: an Independent Immigration
Inspectorate?
599. At the moment there is very little independent
oversight of the immigration system, and what exists is fragmented,
under-funded and with very limited powers. There is a race monitor,
but only for some types of decision; and a monitor for entry clearance,
but only for refusals where there is no right of appeal. There
is also a series of audit committees for the IND, on finance and
governance issues, complaints and the Immigration Service.[595]
In addition the Parliamentary Ombudsman, HM Prisons Inspectorate
and the Commission for Racial Equality have certain immigration-related
roles.
600. Both Mary Coussey, Independent Race Monitor,
and Fiona Lindsley, former Independent Monitor for Entry Clearance
Refusals, told us that they had "no budget".[596]
Mary Coussey added that she does not have any powers to ask for
things to be done, merely to make recommendations, which the Government
can simply reject.[597]
Fiona Lindsley recommended that there should be a monitor of the
whole visa system not just for people without rights of appeal,
in order to look at the system as a whole including how focussing
on one area of the system impacts on others.[598]
601. The IPPR has suggested that a "Managed
Migration Policy Committee" be set up, an independent or
autonomous or semi-autonomous body that could oversee immigration
control and immigration statistics and report to Parliament. Sir
Andrew Green, chairman of Migration Watch UK, agreed that this
may be a possible means of reassuring the public about immigration.[599]
602. We have not taken enough evidence to form an
opinion on whether immigration policy should be set by a body
at arm's length from Government. However, the evidence does point
towards the clear need for specialist comprehensive oversight
of the immigration control system.
603. We recommend that the Government establish
an Independent Immigration Inspectorate with oversight of every
stage of immigration control: overseas, at the border, in-country,
enforcement (including detention) and appeals. It should be looking
for high-quality decisions, active management, clear lines of
responsibility and of reporting, easy communication within and
across authorities, meaningful statistics, effective and non-distorting
targets, excellent customer service and promotion of good race
relations. The Inspectorate must be independent, properly resourced
and with the authority to make recommendations to which the Government
has to respond.
533 Q 1142-1143, 13 June 2006 Back
534
Q 946, 6 June 2006 Back
535
Q 944, Q 973, Qq 1101-1102 and 1117, 12 June 2006 Back
536
Qq 868-71, 23 May 2006 Back
537
Q 869, 23 May 2006 Back
538
HC Deb 23 May 2006 col. 81WS Back
539
Q 867, 23 May 2006 Back
540
Ev 48, para 38, HC 775-II Back
541
Qq 971-2, 6 June 2006 Back
542
Qq1065-1070, 6 June 2006 Back
543
Ev 399, HC 775-III Back
544
Q 1146, 13 June 2006 Back
545
Q 945 and Q 1063, 6 June 2006 Back
546
Q 1161, 13 June 2006 Back
547
Report by the Comptroller and Auditor General, Visa Entry to the
United Kingdom: the Entry Clearance Operation, HC 367 of Session
2003-04, 17 June 2004 Back
548
Report by the Comptroller and Auditor General, Asylum and migration:a
review of Home Office statistics, HC 625 of Session 2003-04,
25 May 2004 Back
549
Q 890, 23 May 2006 Back
550
Q 947, 6 June 2006 Back
551
HC Deb 9 July 1990 col. 66w Back
552
HC Deb 3 May 2006 col. 970 Back
553
Report by the Comptroller and Auditor General: Returning Failed
Asylum ApplicantsHC 76 of Session 2005-06, 14 July 2005, para.
3.10 Back
554
House of Commons Committee of Public Accounts Thirty-fourth Report
of Session 2005-06, Returning Failed Asylum Seekers,HC
620, March 2006, p. 12 Back
555
HC Deb 25 April 2006 col. 37-38WS Back
556
HC Deb 23 May 2006 col. 78-81WS Back
557
Ev 402, HC 775-III Back
558
Q 867, 23 May 2006 Back
559
Ev 387, HC 775-III Back
560
Ev 402, para 3, HC 775-III Back
561
Ev 404, para 20, HC 775-III Back
562
Uncorrected transcript of oral evidence taken before the Public
Accounts Committee on 26 April 2005, HC (2005-06) 1079-i, Q39 Back
563
Q 1035, 6 June 2006 Back
564
Denis Allnutt, Review of Command Paper "Control of Immigration
Statistics: United Kingdom" Publications: Note of Early Findings,
23 August 2005 Back
565
David Ramsbotham, 'The ministry of chaos', Guardian 26
May 2006 Back
566
Q 1093 and Qq 1116-1124, 12 June 2006 Back
567
Q 1094, 12 June 2006 Back
568
Q 1121, 12 June 2006 Back
569
Q 418, 7 March 2006 Back
570
Report by the Comptroller and Auditor General, Visa Entry to the
United Kingdom: the Entry Clearance Operation, HC 367 of Session
2003-04, 17 June 2004 para. 21 Back
571
Uncorrected evidence taken before the Constitutional Affairs Committee,
21 March 2006, HC 1006-I, Qq 5-6 Back
572
'Criminals not deported "to avoid asylum claims"', Sunday
Times, 30 April 2006 Back
573
HC Deb 3 May 2006 col 959 Back
574
Qq 1122-4, 12 June 2006 Back
575
Q 314, 24 January 2006 Back
576
Q 93, 13 December 2005 Back
577
Q 66, 13 December 2005 Back
578
Ken Sutton, Investigation into guidance on the handling of
European Community Association Agreement Applications: Final Report,
Home Office, 25 March 2004. Back
579
Q 917, 23 May 2006 Back
580
Q 812, 16 May 2006 Back
581
R v Nazari [1980] 3 All ER 880. New guidelines are due
later this year: the Sentencing Advisory Panel has concluded its
Advice on Recommendations for Deportation, which is currently
being considered by the Sentencing Guidelines Council. The Panel's
Advice will be published along with the Council's Consultation
Guideline later this year, probably in September or October Back
582
Immigration and Foreign Nationals in Prison, PSO 4630, 3 May 2006 Back
583
HC Deb 26 April 2006 col, 576 Back
584
Home Office Circular 070/2004, Notification of convictions to
Immigration and Nationality Directorate (IND), 1 December 2004 Back
585
Immigration Rules,HC 395 of 1993-94, as amended, para.
364 Back
586
Home Office, Marriage Policy, DP3/96, 13 March 1996, unpublished Back
587
Home Office, Immigration Directorates' Instructions: Chapter 13:
Deportation and Administrative Removal Back
588
Home Office, Operational Enforcement Manual¸ Chapter 13 para
13.2 Back
589
Home Office, Handling Applications From Convicted Criminals, Persons
On Remand And Detained Cases 3rd edition 20 June 2005 Back
590
Home Office European Casework Instructions, Ch. 8 Back
591
Chris Hudson, and Operations Director at IND, had told us on 7
March 2006 that IND had already taken steps to ensure that all
of their guidance is cleared at a senior level, so "there
should not be any ambiguity":Q 439 Back
592
Q 1052, 6 June 2006 Back
593
Home Office Enforcement and Removals Directorate, Process Communication
no. 14/06, 'CCT interim guidance', 7 June 2006 Back
594
Q 1111, 12 June 2006 Back
595
Q 30, 13 December 2005 Back
596
Qq 28-29, 13 December 2005 Back
597
Q 31, 13 December 2005 Back
598
Q 93, 13 December 2005 Back
599
Q 196, 10 January 2006 Back