The UK Border Agency: after four years, a car crash in slow motion finally comes to a stop

The agency that's caused so much misery and cruelty is to be restructured, but without proper resources its successor won't be able to avoid the same mistakes.

If you want to understand the misery the UK Border Agency (UKBA) has created in its four troubled years, you don’t want to start with the really juicy stuff - the acts of unwarranted violence against people it’s attempted to boot out of the country, the detention of rape victims, the numerous alleged cases of those deported, only to be tortured. Ignore that for now.

No, the devil’s in the more mundane cases. Like that of Emily Deane, 29, who’s been told she’ll be sent back to her native Philippines before the end of the month, forcing her to decide whether to take her one-year-old daughter, Lucy, with her, or leave her child with her husband.

Deane married Brian, from Preston, in the United Arab Emirates. They returned to the UK in September, and had intended to remain for no more than six months, but Brian lost his sales job with the medical company that employed him in the UAE.

Due to bad legal advice, they’d applied for the wrong type of visa, so began applying for Deane to receive permanent residency to remain in the country. But now they were trapped in the proverbial Kafkaesque bureaucratic nightmare. Sceptical immigration officials began questioning whether the couple really had a baby together. On Monday, they 
were told their application had been rejected.

Brian told the Lancashire Evening Post: “My wife already has a visa to visit the UK which expires soon and I am told the main reason is because we have applied for a permanent visa from within the UK. I can only assume they have thrown all this other nonsense at us about the marriage not being valid and saying we "claim" to have a daughter to back themselves up. If they don’t believe I have a daughter, I’ll take her along to meet them – and take a dirty nappy with me.”

Craig Colville, 31, from Wales, married Crystal, from Vancouver, last year. Crystal applied to change her visa. That the UKBA rejected her was a shock - but more surprising was the reason: “Your spouse (Craig) does not hold settled status, is not a British Citizen and is not a person with refugee leave/humanitarian protection." Craig was born in St Asaph in Wales, works in Mold and has lived in Chester for just under a year.

The letter allowed the couple to appeal, but the Border Agency replied saying the appeal had been quashed because the Colvilles missed the deadline. In this new letter, there was a new deadline as the Agency had failed to take the weekends into account. Craig told the Denbighshire Free Press: "The Border Agency are still holding Crystal's passport, which means she can't return home to see her family. Her brother is quadraplegic and she hasn't seen him in two years."

I could keep going with these ludicrous, cruel little examples of families torn apart by bureaucratic incompetence, but I expect you’re getting the picture.

The UK Border Agency was, of course, a body born of chaos. As the Guardian recently pointed out, “The stunning thing is that some people still stuck in the backlog of 310,000 cases that sealed UKBA's death warrant are actually a direct legacy from that [late 1990s] breakdown in the system.” A botched computerisation saw its backlog of cases soar into the hundreds of thousands, while it struggled to deal with the move from a paper to a computer-based system.

In 2006 the Home Secretary Charles Clarke lost his job because his department had lost track of released foreign national prisoners. Something had to be done, and the result was the creation of the Border and Immigration Agency - and then in 2008, UKBA, following a merger with UK visas and customs staff.

The problem was that all this rejigging never solved the fundamental problems of creaking systems and an insurmountable backlog. The new body, now at arm’s length and less accountable to parliamentary scrutiny, was shambolic and, as Theresa May would this week conclude, “secretive and defensive”.

Nowhere was this clearer than in its use of outsourcing. In the great game of providing jobs for the boys, UKBA was in a league of its own. Like many government entities, it felt the safest option was to give contracts to giant corporations, regardless of expertise or know-how. So this month we learned that G4S, which has no previous experience of providing social housing, is struggling to provide housing for asylum seekers. One of the firm's subcontractors has already resigned because it is not up to the task, while two others have “expressed concerns” about being able to provide the requisite services.

But incompetence is one thing - cruelty quite another. The fact the new body was kept at arm’s length lead Theresa May to conclude it had created a "closed, secretive and defensive" culture. Staff from sub-contractor Reliance were transporting Roseline Akhalu when she ended up pissing all over herself because she wasn't allowed to use a toilet. Staff from Tascor - which superceded Reliance - allegedly beat Marius Betondi and broke his nose during a failed deportation attempt. That was one of thousands of distressing cases, the product of a system in chaos.

The failure to prosecute G4S staff over the death of Jimmy Mubenga has been described as “perverse” by the former Chief Inspector of Prisons. Just as it failed to protect victims of torture, so the system failed to protect victims of slavery. The right-wing Centre for Social Justice (CSJ) found a litany of flaws in UKBA's procedures and concluded that “too often the CSJ has been told that UKBA involvement in the . . .  process acts as a major barrier to victims [of slavery] to make a referral.”

We have been told about the restructuring plans. But restructuring last time round only made the mess worse, because the root causes of the problem weren’t addressed.

As Andy Jennings of the PCS told BBC Breakfast this morning: “This has been a car crash in slow motion, there have been endemic failures for a number of years because there has not been enough staff to do the job. The line given by Theresa May ignores the fundamental issues.”

The work of Mark Sedwell, the permanent secretary at the Home Office, in trying to stop the car crash can only be applauded. But without proper resources, the misery, incompetence and cruelty will only continue.

David Cameron talks to UKBA workers, who are not suspected of any misconduct, at Heathrow Airport. Photograph: Getty Images

Alan White's work has appeared in the Observer, Times, Private Eye, The National and the TLS. As John Heale, he is the author of One Blood: Inside Britain's Gang Culture.

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Why is Labour surging in Wales?

A new poll suggests Labour will not be going gently into that good night. 

Well where did that come from? The first two Welsh opinion polls of the general election campaign had given the Conservatives all-time high levels of support, and suggested that they were on course for an historic breakthrough in Wales. For Labour, in its strongest of all heartlands where it has won every general election from 1922 onwards, this year had looked like a desperate rear-guard action to defend as much of what they held as possible.

But today’s new Welsh Political Barometer poll has shaken things up a bit. It shows Labour support up nine percentage points in a fortnight, to 44 percent. The Conservatives are down seven points, to 34 per cent. Having been apparently on course for major losses, the new poll suggests that Labour may even be able to make ground in Wales: on a uniform swing these figures would project Labour to regain the Gower seat they narrowly lost two years ago.

There has been a clear trend towards Labour in the Britain-wide polls in recent days, while the upwards spike in Conservative support at the start of the campaign has also eroded. Nonetheless, the turnaround in fortunes in Wales appears particularly dramatic. After we had begun to consider the prospect of a genuinely historic election, this latest reading of the public mood suggests something much more in line with the last century of Welsh electoral politics.

What has happened to change things so dramatically? One possibility is always that this is simply an outlier – the "rogue poll" that basic sampling theory suggests will happen every now and then. As us psephologists are often required to say, "it’s just one poll". It may also be, as has been suggested by former party pollster James Morris, that Labour gains across Britain are more apparent than real: a function of a rise in the propensity of Labour supporters to respond to polls.

But if we assume that the direction of change shown by this poll is correct, even if the exact magnitude may not be, what might lie behind this resurgence in Labour’s fortunes in Wales?

One factor may simply be Rhodri Morgan. Sampling for the poll started on Thursday last week – less than a day after the announcement of the death of the much-loved former First Minister. Much of Welsh media coverage of politics in the days since has, understandably, focused on sympathetic accounts of Mr Morgan’s record and legacy. It would hardly be surprising if that had had some positive impact on the poll ratings of Rhodri Morgan’s party – which, we should note, are up significantly in this new poll not only for the general election but also in voting intentions for the Welsh Assembly. If this has played a role, such a sympathy factor is likely to be short-lived: by polling day, people’s minds will probably have refocussed on the electoral choice ahead of them.

But it could also be that Labour’s campaign in Wales is working. While Labour have been making modest ground across Britain, in Wales there has been a determined effort by the party to run a separate campaign from that of the UK-wide party, under the "Welsh Labour" brand that carried them to victory in last year’s devolved election and this year’s local council contests. Today saw the launch of the Welsh Labour manifesto. Unlike two years ago, when the party’s Welsh manifesto was only a modestly Welshed-up version of the UK-wide document, the 2017 Welsh Labour manifesto is a completely separate document. At the launch, First Minister Carwyn Jones – who, despite not being a candidate in this election is fronting the Welsh Labour campaign – did not even mention Jeremy Corbyn.

Carwyn Jones also represented Labour at last week’s ITV-Wales debate – in contrast to 2015, when Labour’s spokesperson was then Shadow Welsh Secretary Owen Smith. Jones gave an effective performance, being probably the best performer alongside Plaid Cymru’s Leanne Wood. In fact, Wood was also a participant in the peculiar, May-less and Corbyn-less, ITV debate in Manchester last Thursday, where she again performed capably. But her party have as yet been wholly unable to turn this public platform into support. The new Welsh poll shows Plaid Cymru down to merely nine percent. Nor are there any signs yet that the election campaign is helping the Liberal Democrats - their six percent support in the new Welsh poll puts them, almost unbelievably, at an even lower level than they secured in the disastrous election of two year ago.

This is only one poll. And the more general narrowing of the polls across Britain will likely lead to further intensification, by the Conservatives and their supporters in the press, of the idea of the election as a choice between Theresa May and Jeremy Corbyn as potential Prime Ministers. Even in Wales, this contrast does not play well for Labour. But parties do not dominate the politics of a nation for nearly a century, as Labour has done in Wales, just by accident. Under a strong Conservative challenge they certainly are, but Welsh Labour is not about to go gently into that good night.

Roger Scully is Professor of Political Science in the Wales Governance Centre at Cardiff University.

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