Immigration laws too complex, says minister
Tuesday, 12 June 2007
The biggest overhaul of Britain's immigration laws for more than 35 years is being planned by the Government, which has admitted that their complexity has undermined public confidence in the system.
The myriad of legislation dating back to the 1971 Immigration Act, brought in shortly after Enoch Powell's notorious "rivers of blood" speech, will be replaced by a "single, consistent and coherent framework" for dealing with newcomers.
Critics said the Government was itself to blame for Britain's confusing immigration legislation and warned it not to use its planned new Bill to bring in hardline policies by stealth.
The 1971 Act, which imposed strict restrictions on settlement in Britain, has been followed by 10 more Acts and more than 30 statutory instruments, or minor laws. In a scathing analysis of the quality of the legislation, the Home Office has admitted it is not always easy to know the exact legal position on particular issues. The department said the complexity can lead to delays and mistakes, makes it difficult for foreigners to know whether they can enter Britain legitimately and increases the possibility of legal challenges.
In a consultation document, the Home Office admits: "It contributes to a lack of public confidence in the overall effectiveness of the system."
John Reid, the outgoing Home Secretary, has described parts of the Home Office - notably the immigration service - as "not fit for purpose". His successor will take on a department committed to an overhaul of all immigration law, rules and guidance in a Bill to be published next year.
Liam Byrne, the Immigration minister, said: "I want a clear and simple legal system for fast, but fair decisions. The British public and newcomers alike want to be clear about the rules and responsibilities that go with it, and all of us want those who have no right to be here to be clear of the consequences." He predicted that the reforms would help to increase the number of people deported from the UK.
The shake-up coincides with the introduction of a points-based system for potential immigrants and the creation of a new agency to run the system.
Nick Clegg, the Liberal Democrat home affairs spokesman, said: "The Government's spectacular mishandling of the immigration system over the last decade has led to erratic and sometimes inhumane decisions which provide neither certainty for those seeking to come to Britain nor the necessary assurance for the British public that the system is both fair and firm.
"While it comes 10 years too late, this appears nonetheless to be a belated attempt to instil a bit of sense into a chaotic system."
Damian Green, the Tory immigration spokesman, said: "If passing new laws solved the immigration crisis, we would have the safest borders in the world. This shows that the style of government that failed the immigration system under Tony Blair will continue under Gordon Brown."
Rhian Beynon, spokeswoman for the Joint Council for the Welfare of Immigrants, welcomed the Home Office move. But added: "There has been a number of immigration Acts within a very short period of time. Arguably the need for simplification has come about because of that."
Donna Covey, chief executive of the Refugee Council, was concerned about the lack of reference to protecting those who fled human rights abuses. She said:"We recognise the need for secure borders, but it is very important that our doors remain open to refugees looking for a place of safety."
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