Fourth supplementary memorandum submitted
by the Home Office
UPDATE ON FOREIGN NATIONAL PRISONERS, IND
REFORM AND LEGACY CASEWORK PROGRAMME
My letter of 12 December 2006 updated your committee
on the latest progress being made by the Immigration and Nationality
Directorate (IND) in dealing with the deportation of foreign national
prisoners. I would like now to provide you with some further information
on that topic and an update on the reform programme for our immigration
system. Additionally, I would like to share information with you
on the Department's new programme for tackling the legacy of unresolved
cases which the Home Secretary set out to Parliament in an oral
statement on 19 July 2006. The Home Secretary is also arranging
for a copy of this letter to be placed in the House of Commons
library.
IMPLEMENTATION OF
THE IND REVIEW
2. We have made good progress on the implementation
of the IND Review. Among the key steps we have taken are: in asylum,
where we continue to remove more failed applicants than make unfounded
claims; in border control, where we have increased visibility
through the introduction of uniforms and signage at ports; in
managed migration where we continue to proceed to implement the
Points Based System; and overseas, where we have continued to
roll out the introduction of biometric visas.
3. From 1 April, in line with the proposals
in the Review, we will also become a "shadow" Executive
Agency, to be known as the Border and Immigration Agency, in order
to further promote transparency and accountability for delivery
across the organisation. At the same time, we will be introducing
a new regional structure, which will drive greater productivity
and efficiency, and encourage greater responsiveness to local
concerns. These are fundamental changes which I believe will ensure
we build on the significant recent achievements, and continue
to improve the services which we deliver for the public.
NEW DEPORTATION
STRATEGY
4. We are making good progress on delivering
each part of our deportation strategy to ensure that cases are
dealt with swiftly and in as robust a manner as possible. The
key elements of this strategy which we have put into place are:
— Improving our deportation case-working
structure.
— Introducing a new facilitated returns
scheme and transferring foreign prisoners earlier in sentence.
— Bringing forward legislative proposals
to speed up deportation.
Improving our deportation case-working structure
5. We have moved successfully to the position
where no foreign national prisoner has been released without full
deportation consideration being given to their case. The Home
Secretary explained to the Committee in December that the key
element to improving the speed of the deportation process was
to consider deportation six months before the end of sentence.
We continue to make steady progress in delivering this objective
and deportation is now being considered four months before release
in the majority of cases. We have also ensured that actual deportation
(or removals) of foreign national prisoners has continued to increase
and we are now achieving deportations of foreign national prisoners
at higher volumes than ever before. As at 12 February we had deported
(or removed) around 2,240 foreign national prisoners from the
United Kingdom since April 2006. This represents an increase of
over 40% in comparison to the previous equivalent period.
Facilitated Returns Scheme and transfer of foreign
prisoners earlier in sentence
6. We introduced in October last year a
facilitated returns scheme helping more foreign national prisoners
to return voluntarily to their own country. This scheme has been
in operation for around four months and has so far led to over
100 foreign national prisoners already having left the country.
To date those who have left have only received a £46 discharge
grant per returnee in the United Kingdom, in line with the discharge
grant made to UK nationals on release from prison.
7. In September 2006, legislation was introduced
to remove the need for a prisoner to consent to their transfer
overseas, unless specifically required by the relevant prisoner
transfer agreement. This will mean that a transfer will no longer
be dependant upon the prisoner agreeing to it. In addition, on
15 February agreement was reached on a new European wide agreement
to remove the blockages to prisoner transfers across the whole
EU which will allow us to transfer more EU nationals under sentence
to their home countries. We hope that this will be implemented
in 2009.
Legislative proposals in UK Borders Bill
8. The new UK Borders Bill, which received
Second Reading on 5 February, contains new proposals which will
enable us to improve the speed with which we can identify and
process cases for deportation. Among the key measures that foreign
national prisoners will face are: automatic consideration of deportation
if they have committed a serious offence, and no longer having
the right to appeal within the UK except under specific circumstances.
DETENTION OF
TIME-SERVED
FOREIGN NATIONAL
PRISONERS
9. The Home Secretary previously explained
to the Committee that since April 2006 we have had to detain an
increased number of foreign national prisoners beyond the expiry
of their sentences where we are pursuing deportation action against
them. The information we have shows that approximately 1,300 time-served
foreign nationals are currently in both the IND Removals Estate
and in prisons whilst we pursue deportation action against them.
We expect numbers to reduce over the forthcoming months as we
continue to decide cases before sentence expiry and deliver increasing
volumes of deportations. In order to help on prison capacity and
to concentrate our case-working and enforcement efforts in bringing
these time-served cases to a swift conclusion, I have agreed that
more will be detained in the IND Removals Estate.
COMPENSATION PAYMENTS
TO FOREIGN
NATIONAL PRISONERS
10. When I last wrote to the committee in
December, I undertook to provide information on any recent compensation
paid out in cases involving foreign national prisoners who have
been detained beyond their sentence for deportation. The Treasury
Solicitor's Department is responsible for dealing with such claims
on behalf of the Department on a case by case basis. I am only
able to disclose a provisional snapshot of information on those
cases which have reached the end of the legal process and where
payments have been made. I will be happy to provide a further
update to the Committee on pending cases later in the year.
11. The information now available shows
that since 1 April 2006 the Department has paid or payments are
being processed to nine claimants and the sum total of these taken
together is £55,500. I should make it clear that in all of
these cases, the payments reflect specific individual circumstances
and do not affect our general policy, set out to the Committee
by the Home Secretary on the 12 December, regarding the detention
of foreign national prisoners. Typically, compensation has been
paid out in these cases due to technical deficiencies around serving
the detainee with appropriate legal documents. We have reviewed
our processes and I am confident we are minimising the risks of
such failures reoccurring.
1,013 CASES RELEASED
WITHOUT DEPORTATION
CONSIDERATION
12. We have considered deportation in relation
to all 1,013 cases. We are seeking to deport 675 individuals within
this group and have so far deported or removed 163 individuals,
while in 31 cases the courts have not upheld our decision to pursue
deportation. We have decided not to seek deportation in 275 cases,
and in 63 remaining cases the individual is still in prison or
on remand and we cannot proceed until later in their sentence.
13. The information I am providing to you
on this group is subject to further revision for all the same
reasons I set out to you regarding data quality on this cohort
in my letter of 29 June 2006. These figures reflect today's announcement
about the approach the Department should take to the deportation
of Irish citizens.
Detention/Bail
14. There are currently 180 individuals
who are detained within either the prison or the immigration detention
estate from within this cohort. A total of 101 individuals are
also currently on bail which has been granted by the courts, prior
to a decision on their deportation.
Progress in dealing with "most" and
"more serious" cases
15. When I wrote to you in December, I outlined
that there was only one outstanding case of the 43 in the "most"
serious category and this remains unchanged. I also promised to
update specifically on progress in dealing with the 146 cases
in the "more serious" category. We have now decided
and located the majority of these cases. 25 individuals from this
group have been deported or removed from the UK, an increase of
15 cases since October 2006. 40 are detained or otherwise under
our control and await deportation action. 11 have been granted
bail by the Asylum and Immigration Tribunal pending a decision
on their deportation and in seven cases the courts have not upheld
our decision to pursue deportation. We are not pursuing deportation
action against 36 individuals from with this group. We continue
to prioritise the remaining cases within this group who we have
not located.
Progress on Deportation
16. I expect that deportation figures of
those in detention or bailed will continue as cases work their
way through the system and legal rights of appeal are exhausted.
Over the past six months, the following factors have contributed
to delays in deportation:
— Around 440 of the individuals within
this cohort have gone through or are going through the appeals
process.
— The courts have not agreed with our
deportation decision due to the emphasis they place on long residency
in the UK.
— A large number of individuals have
frustrated the process through using last minute legal barriers.
— Foreign nationals cannot be returned
without documentation from their home country and this process
is often lengthy for certain nationalities even where an established
returns agreement exists.
We are taking action to deal with each of these
blockages. The provisions I have referred to in the UK Borders
Bill will help to speed up the deportation process, and the recent
appointment of Lord Triesman as the Prime Minister's Special Envoy
on Returns will give greater impetus to improving collaboration
with foreign governments.
Reconviction case within the 1,013
17. I confirmed during my appearance before
your committee in December that I would inform you if there were
any further reconvictions of those foreign national prisoners
released without deportation consideration. Since December there
has been one further serious re-offence reported to the Department.
This involved an offence committed by an individual within the
"more serious" group against a member of their family.
The reconviction was for a "more serious" offence.
THE LEGACY
PROGRAMME
18. You will recall that the Home Secretary
advised Parliament on 19 July that there were a large number of
electronic and paper records within the Immigration and Nationality
Directorate relating to unresolved cases. He said that we would
aim to clear these in five years or less and it is our intention
to complete consideration of all current legacy cases by July
2011. He explained to the committee on 12 December that the programme
has begun, and I can confirm to you that we have formed a new
Legacy Directorate with a significant case-working capability.
19. The programme has been in operation
since 1 November. Given the nature of the records to which the
Home Secretary referred in his previous statements, it will be
a major task to ensure that the quality of our information and
data relating to them is improved to a level which will allow
accurate reports about the numbers and the nature of the cases
to be made. My intention is to update on the progress we are making
once reports can be made in which Parliament and the wider public
can have suitable confidence.
Lin Homer
Director General, Immigration and Nationality Directorate
February 2007
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