Part 7: Border and Immigration Inspectorate
Section 48: Establishment
138.Subsection (1) requires the Secretary of State to appoint a Chief Inspector of the Border and Immigration Agency.
139.Subsection (2) sets out that the Chief Inspector shall monitor, and report on, the efficiency and effectiveness of the Agency. Without prejudice to the generality of this duty, a number of specific areas that the Chief Inspector shall consider and make recommendations about are set out.
140.Subsection (2)(a) states that the Chief Inspector shall look at consistency of approach within the Agency.
141.Subsection (2)(b) tasks the Chief Inspector with comparing the practice and performance of the Agency against similar bodies. This will allow the Chief Inspector to compare the performance of the Agency with other organisations and bodies doing similar things (for example, dealing with large volumes of applications), both within the United Kingdom and more widely.
142.Subsection (2)(c) states that the Chief Inspector shall look at practice and procedure in making decisions.
143.Subsection (2)(d) charges the Chief Inspector with looking at the way the Agency treats applicants. This will involve the Chief Inspector assessing the main processes involved for those experiencing the immigration system.
144.Subsection (2)(e) provides that the Chief Inspector shall look at certification of asylum and human rights claims as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002. Section 111 of that Act currently provides for oversight of this certification power by a monitor (the monitor of certification of claims as unfounded). That position is abolished by section 53.
145.Subsection (2)(f) tasks the Chief Inspector with looking at compliance with discrimination law. This includes looking at reliance on authorisations made under section 19D of the Race Relations Act 1976, something which is currently done by the monitor provided for by section 19E of that Act (the position of which is abolished by section 53).
146.Subsection (2)(g) sets out that the Chief Inspector shall assess the Agency’s use of enforcement powers.
147.Subsection (2)(h) states that the Chief Inspector shall look at the provision of information. This will allow the Chief Inspector to assess how information is provided by the Agency at the United Kingdom’s ports, through Agency websites and letters, by face-to-face contact, over the telephone and by way of e-mail contact and publications.
148.Subsection (2)(i) provides that the Chief Inspector shall look at the handling of complaints.
149.Subsection (2)(j) tasks the Chief Inspector with looking at information on other countries which the Secretary of State compiles and uses for immigration and asylum purposes. This role is currently undertaken by the Advisory Panel on Country Information provided for by section 142 of the Nationality, Immigration and Asylum Act 2002 (which is abolished by section 53).
150.Subsection (3) defines the Border and Immigration Agency as immigration officers, and any other officials of the Secretary of State, and the Secretary of State, dealing with immigration, asylum or nationality.
151.Subsection (4) makes clear that the Chief Inspector shall not set out to investigate individual cases. However, he is not prevented from looking at individual cases and/or draw conclusions from them for the purpose of, or in the context of, considering a wider issue. So, for example, where there is an allegation of an immigration officer asking for sex in return for favourable immigration status decisions, the Chief Inspector can look at the individual case for the purpose of considering the measures which the Agency has in place to prevent members of staff abusing their positions in this way.
Section 49: Chief Inspector: supplemental
152.Section 49 deals with supplemental issues such as the appointment and pay of the Chief Inspector. Subsection (1) says that the Secretary of State must pay remuneration and allowances to the Chief Inspector. In terms of the Chief Inspector’s budget, subsection (2) says that the Secretary of State must, before the start of each financial year, set the Chief Inspector’s budget for the year. The Secretary of State can allow the Chief Inspector to exceed his budget for a specified purpose. Subsection (3) makes clear that the Chief Inspector shall hold and vacate office in accordance with terms of appointment. Subsection (4) allows him to appoint staff. Subsection (5) sets out that a person employed by a government department or devolved administration may not be appointed Chief Inspector.
Section 50: Reports
153.Section 50 states that the Chief Inspector shall report in writing to the Secretary of State (i) once a year and (ii) at such other times as requested by the Secretary of State in relation to specified matters. The Secretary of State must lay before Parliament a copy of any report received from the Chief Inspector. Subsection (3) allows the Secretary of State to withhold material from the copy laid before Parliament if he thinks its publication is undesirable for reasons of national security or may places an individual in danger.
Section 51: Plans
154.Section 51 requires the Chief Inspector to prepare plans describing the objectives and terms of reference of inspections he proposes to carry out. The Secretary of State has the power to specify when plans should be prepared and what periods they should cover, although the Chief Inspector must prepare plans at such other times, and in respect of such other periods, as he thinks appropriate. The Secretary of State also has the power to lay down the form of plans, what information they must contain, who should be consulted (in addition to himself) when plans are being prepared by the Chief Inspector and who (in addition to himself) should receive copies of plans. The Chief Inspector is free to carry out actions even if they are not listed in a plan.
Section 52: Relationship with other bodies: general
155.Section 52 allows for close working between the Chief Inspector and other bodies. The Chief Inspector must co-operate with and may act jointly with such persons as the Secretary of State may specify, insofar as the Chief Inspector thinks it consistent with the efficient and effective performance of his functions. The Chief Inspector may also assist a person specified by the Secretary of State. The Chief Inspector may also delegate a specified aspect of his functions to a person specified by the Secretary of State. The relevant persons will be identified by order (see section 55 below).
Section 53: Relationship with other bodies: non-interference notices
156.Section 53 gives the Chief Inspector the power to issue a notice preventing a person (specified by the Secretary of State) from conducting an investigation of the Border and Immigration Agency if the Chief Inspector thinks that it may place an unreasonable burden on the Agency. The person on whom the notice is served must comply with it, unless the Secretary of State cancels it on the basis that the inspection would not impose an unreasonable burden on the Agency. The Secretary of State has the power to specify the form of notices and what information they must contain and set out details about the timing, publication and revision or withdrawal of notices.
Section 54: Abolition of other bodies
157.Section 54 provides for the abolition of the monitor provided for by section 19E of the Race Relations Act 1976 (monitor of exception in relation to immigration cases), the Monitor of Accommodation Centres (provided for by section 34 of the Nationality, Immigration and Asylum Act 2002), the monitor provided for by section 111 of that Act (monitor of certification of claims as unfounded) and the Advisory Panel on Country Information (provided for by section 142 of that Act). Section 48 tasks the Chief Inspector with the duties formerly carried out by these persons/bodies, with the exception of the Monitor of Accommodation Centres, the position of which is being abolished because accommodation centres have never been established.
Section 55: Prescribed matters
158.Section 55 defines ‘prescribed’ for those sections of the Act that relate to the Chief Inspectorate of the Border and Immigration Agency as meaning prescribed by order of the Secretary of State. The section makes supplemental provision about what an order under any of those sections may do and sets out the parliamentary procedure which applies to such an order.
Section 56: Senior President of Tribunals
159.Section 56 amends section 43(3) of the Tribunals, Courts and Enforcement Act 2007. That section requires the Senior President of Tribunals to report to the Lord Chancellor each year on certain matters in relation to relevant tribunal cases. Section 56 adds cases coming before the Asylum and Immigration Tribunal to the definition of “relevant tribunal cases”, with the result being that cases coming before the Tribunal are within the reporting remit of the Senior President.
160.The section also requires the Senior President, in exercising his reporting function, to take into account the functions of the Chief Inspector of the Border and Immigration Agency and the power of the Secretary of State to request the Chief Inspector to report about specified matters. This is with an aim to avoiding duplication of effort by the Senior President and the Chief Inspector.
