Clause 4 - Entry clearance
Immigration, Asylum and Nationality Bill
2:15 pm
Tony McNulty (Minister of State (Immigration, Citizenship and Nationality), Home Office; Harrow East, Labour)
I shall not indulge that comment from the hon. Member for North-West Norfolk (Mr. Bellingham), although it was his first, which I am grateful for. Forty minutes later, I went to the little boys' room, so I apologise for missing the start of the comments by the hon. Member for Woking. I accept much of what he said about the independent monitor and I am grateful for his comments about the direction in which we are trying to move with that. He will know that currently the independent monitor works for 50 days a year, produces one report based on a limited sample of cases and reviews only cases that do not attract a full right of appeal, quite rightly. We are seeking to move that to a full-time post by the end of the year. The monitor would still look at a sample of cases that do not attract full right of appeal, but would make twice-yearly formal reports to us by way of feedback. I agree about the clumsiness of the phrase ''in real time'', but the Committee will know what that means—we are trying to use real instances to demonstrate the quality of decision making, rather than just receiving a regular annual report. It is important to say that there will be no changes to the powers of the independent monitor; the post will merely move to full-time. We understand that the role is very important.
One of our aims is to enable the monitor's report to be more regularly used, not only to monitor quality but to promote it. If we receive both our official reports and the more routine reports during the course of the year, and they reflect more closely what is actually happening rather than being retrospective, we will be able to achieve that aim, as noted by the hon. Member for Woking—my brief says ''my hon. Friend'', and I shall admonish somebody later for that, but for now I am more than happy to speak of him in those terms.
It will be a full-time post. The monitor will review as many cases as is considered necessary to establish a robust assessment of the quality of decision making. We will set no limit on that; it will be a matter for the person in the new, full-time post to assess what is needed in order to get to grips with the notion of quality. There can be broad agreement here except about the direction in which we are moving in terms of the independent monitor.
I would hope that if that person is in place by the end of the year, as anticipated, we shall be able to avail ourselves of that new full-time role in order to discuss with him or her not simply what follows from the passage of this Bill, but other matters such as the role and function of an ECO; decision making outwith the Bill in terms of the five-year plan; and, crucially, the points system. We need to marry together all those elements, as well as the rule changes that are required. It is only appropriate that I find some mechanism to ensure that the independent monitor is party to our discussions as we develop the system.
Turning quickly to the amendments, amendment No. 11 expands the remit of the independent monitor for entry clearance, as the hon. Member for Woking has suggested. We do not believe that it is the purpose of primary legislation to—shackle is too strong a word—impose on the independent function what this Committee determines should be part of the job. The postholder will have a very broad remit in terms of exploring the quality of the entire decision-making process, and if we accept amendment No. 11 there will be too great an overlap between his or her work and that of the immigration appeals tribunal.
I know that the hon. Gentleman was down the corridor when we discussed what I call the air miles amendment—that is, the notion of judges tootling round each ECO post to determine quality subsequent to the commencement order for anything that is in the Bill. As I said previously, that is not the most appropriate way to determine quality at the posts, nor would it probably—to put it generously—be the best use of the time of the hon. Gentleman's judicial brothers and sisters. We do not think that the air miles amendment is appropriate. Nor is it necessarily appropriate for there to be a formalised link between individual cases and people who are dissatisfied with the way their appeals have been determined and the independent monitor.
Again, that is moving away from the independent monitor's important role of overseeing the quality and efficacy of these assorted processes. If the independent monitor is in place by the end of the year, and if the Bill returns to us from the other place in April or May, I would be more than happy to facilitate a discussion between the new appointee and about how he or she views the independent monitor's role panning out. Clearly that is to some extent dependent on the appointment being made by the end of the year. I will certainly keep Members informed about that.
I am grateful for the amendments in as much as they have prompted the debate. I fully accept and understand the important function that the independent monitor must have, which is why we are seeking to make it a full-time post. For the reasons I have outlined, the first and third of these amendments go too far and confuse the oversight role with other elements of the independent monitor's role.
As I did earlier, I cheerfully dismiss the air miles amendment as an inappropriate way to lock in the genuine concerns of increasing quality before we commence various provisions in the Bill. With all those comments in mind and in appreciation of the hon. Gentleman's comments about the enhancements we are carrying out with the independent monitor, I ask him to withdraw the amendment.