Proposed joint working arrangements between the MPS and Immigration Services

Report: 13
Date: 1 February 2007
By: Assistant Commissioner Territorial Policing on behalf of the Commissioner

Summary

This report outlines the proposals to enhance joint working arrangements between the MPS and IND (Immigration and Nationality Directorate).

A. Recommendations

That the report be noted and support be given for continuation of the project for enhanced joint working.

B. Supporting information

1. Over the past four months, the MPS have undertaken work to identify the key issues facing our organisation in respect of the policing of immigration in order to provide context for discussion about current and future working arrangements with Immigration and Nationality Directorate (IND) at all levels.

2. The way in which immigration and migration issues are managed within the UK has potentially profound consequences in terms of community safety and community cohesion. Historically the role of immigration enforcement has been treated as separate and distinct from the policing function; however, this position is increasingly unsustainable in an era of profound demographic change where our ability to relate to all communities is at the heart of core policing business and is crucial to building safer neighbourhoods.

3. It is has become conceptually impossible to separate immigration issues from policing given the potential for the style of immigration enforcement to determine the ability of police to engage and protect citizens. Furthermore, police intelligence, investigation and enforcement capacity is vital in supporting Immigration Services to deliver against their priorities and in order to support secure borders.

4. The MPS have been leading debate about the respective functions and interfaces of police services and IND both through MPS focused work but also at the ACPO working group for asylum and immigration chaired by DCC Graham Maxwell. IND have participated in and supported the development of this work continuously. There are strong views both within IND, the MPS and nationally that there is an opportunity to strengthen and further develop a strategic partnership in a way that delivers the key priorities of our respective organisation to best effect. All parties acknowledge that this vision is some distance from what is currently experienced, with certain inhibitors commonly expressed. It should also be noted that for both organisations this drive for closer working is in contrast to previous intentions for the gradual withdrawal of police support and for a greater separation of functions.

5. One major area identified for development and improvement is the nature of immigration enforcement activity itself and the desirability of a more targeted approach. It is based on the principle that activity can and should be focused on those who are causing ‘harm’ within communities whilst recognising and minimising any negative consequences in terms of community cohesion. Currently, the predominance of Failed Asylum Seeker (FAS) objectives has limited IND’s ability to broaden enforcement activity to a harm reduction agenda.

6. The second area for development relates to how enforcement can be best enabled and the potential for the police to become more fully involved in a strategic partnership with IND so that joint activity can be explicitly linked to community safety outcomes. This theme discusses the desirability of joint strategy and shared goals rather than the current situation that is more focused on reciprocal tactical support.

7. Major reorganisation within IND is underway, representing opportunities for this debate to be developed in the context of broader organisational changes in the nature of immigration enforcement. INDs move to agency status and the their regionalisation programme are part of a recognition that enforcement capacity needs to be developed and enhanced; including the nature and scope of joint working arrangements.

8. The timescales for this development work have recently become pressing and have resulted in much earlier discussions than anticipated. Specifically, IND has tabled a proposal that new working arrangements need to be established as matter of some urgency. They propose to fund a significant number of new police secondments nationally, starting immediately and increasing during the financial Year 2007-8. The purpose of the secondments is to support a harm reduction agenda, something that has been desirable from the MPS perspective for some considerable time and is welcomed.

9. In many ways this proposal pre-empts the programme of work that was under development within the MPS and more widely within ACPO, and it presents a major opportunity to implement changes that are supportive of local policing and crime reduction at relatively little cost to the MPS. It can also be argued that the re-positioning of IND on this issue is in part attributable to the development of this debate from within the MPS and is in line with our strategic intentions. It is certainly an opportunity for the MPS to lead nationally in terms of the implementation of new working arrangements.

10. The term ‘harm’ is regularly used by both the Home Office and IND but is yet ill-defined. We are developing working definitions, which we would intend to agree before any additional secondees were operationally deployed. The scope we are working to would include those individuals who are committing crime against and within vulnerable migrant communities, those people we believe to be committing serious crimes who are foreign nationals, those foreign nationals who have committed crimes, those people who are exploiting foreign nationals through employment or criminality and those people exploiting the vulnerability of foreign nationals for their own gain [through Domestic Violence, sexual exploitation, etc]. We would wish to engage with the MPA on refining this definition and intend to run a development programme to test proposed definitions.

11. The impact of increasing MPS secondments to IND over the next three to twelve months has been carefully considered. There are a number of risks if this is not managed well to community cohesion, the reputation of the MPS and distraction from other priorities. We believe that these can be mitigated by our approach. This will focus on local [Borough based] teams working on developing operational strategies to robustly deal with foreign nationals who are committing harm to the community or individuals within it. These teams will work with partners and the community in developing this work. The secondments are seen as creating a new and enduring capacity for IND and for improving our performance against those committing crime within communities with the intention of reducing tensions and developing better community relations.

12. The MPS will insist on robust and enforceable agreement as to the nature and purpose of the proposed deployments to ensure that they meet policing needs. Rather than reducing the MPS capacity to tackle local problems, the proposed deployments will enhance the tactical options available to police through partnership working.

C. Race and equality impact

1. Concern about the nature of immigration enforcement and its capacity to impact negatively on communities in terms of cohesion and our ability to engage effectively with diverse and sometimes isolated groups have been raised.

2. Such concerns could be exacerbated if this proposal is seen as an indiscriminate increase in enforcement activity.

3. Developing a framework that addresses such concerns is at the heart of what is being proposed here. This proposed work intends to encourage and enable the effective use of immigration powers in a crime and harm reduction context. This means the ability to prioritise enforcement activity using an evidence base that takes community safety into consideration. Whilst enforcement activity is likely to increase, the nature of enforcement is significantly different and is likely to be viewed positively by communities if communicated effectively and developed in consultation. Both consultation and communication are seen by the MPS as minimum requirements for the development of this work and any future arrangements with IND will reflect this robustly.

4. The use of community impact assessments is already embedded in tactical immigration operations. All the work proposed here will be the subject of scrutiny and monitoring in relation race and equality impact.

D. Financial implications

The activity proposed is based on full funding from IND and at zero cost to the MPS.

E. Background papers

None

F. Contact details

Report author: Commander Rod Jarman - Territorial Policing

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

List of Abbreviations

IND

Immigration and Nationality Directorate

ACPO

Association of Chief Police Officers

DCC

Deputy Chief Constable

FAS 

Failed Asylum Seeker

MPS

Metropolitan Police Service

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