Home Office likely to escape critical Rwanda report after sacking watchdog boss
Fears Home Secretary James Cleverly’s sacking of immigration watchdog could delay scrutiny of Rwanda policy (Photo: Jean Bizimana/Reuters)
The government could be spared the release of two potentially “explosive” reports into asylum hotels and the Rwanda scheme until after the general election due to its sacking of the watchdog scrutinising its work, i can reveal.
Home secretary James Cleverly abruptly dismissed Independent Chief Inspector of Borders and Immigration (ICIBI), David Neal, on Tuesday after accusing him of releasing confidential information to the press.
His departure has left the inspectorate unable to submit new reports to the Home Office, or to give evidence to parliament amid the passage of the Safety of Rwanda Bill and changes to family, work and refugee visa schemes.
It means the findings of two ongoing investigations into controversial Home Office schemes – which were due for completion before the general election – cannot be published until a new inspector is in place, likely to be after the vote.
A former Conservative minister accused the government of “hiding behind the sofa” to avoid scrutiny.
One of the ongoing inspections covers “contingency” accommodation for asylum seekers, including hotels, military bases and the Bibby Stockholm barge – which has seen a suicide and legionella outbreak.
A previous ICIBI inspection in 2021 condemned the “eye-wateringly expensive” cost of hotels, which has since risen dramatically, and called for an “overhaul” of arrangements with private contractors that has not taken place.
The second inspection left in limbo by Mr Neal’s sacking was looking at how Immigration Enforcement processes potential victims of modern slavery and human trafficking.
An official call for evidence, which had a deadline of 2 February, asked for particular information on “individuals whose asylum claims have been deemed inadmissible” and are being considered for the Rwanda scheme.
Mr Neal’s sacking is only latest in a series of controversies over the appointment of key watchdogs supposed to scrutinise Home Office policy, including the Victims Commissioner and Independent Anti-Slavery Commissioner, whose posts were left empty during periods when the government pursued controversial laws.
Mr Neal, a former British Army officer who previously led the Royal Military Police, had publicly raised the alarm over security checks for private jets and the abuse of care worker visas in recent days.
The findings had already been sent to the Home Office, and were among a total of 15 reports stretching back to last April that have not yet been published by the Home Secretary.
The 15 reports left in Home Office limbo
The ICIBI reports waiting for publication:
- Thematic review of statelessness, submitted 26 April 2023
- Afghan resettlement schemes, submitted 9 June 2023
- Electronic passport gates, submitted 16 June 2023
- Powers to deprive British nationals of citizenship, submitted 24 July 2023
- Contingency asylum accommodation for families with children in Northern Ireland, submitted 8 August 2023
- Border Force operations at Portsmouth International Port, submitted 6 September 2023
- Border Force’s fast parcel operations, submitted 28 September 2023
- Border Force practices and procedures in relation to firearms, submitted 7 November 2023
- The use of hotels for housing unaccompanied asylum-seeking children, submitted 7 November 2023
- Home Office illegal working enforcement activity, submitted 22 November 2023
- Home Office country information for Albania and Pakistan, submitted 15 December 2023
- Asylum casework, submitted 11 January 2024
- Immigration system relating to the social care sector, submitted 6 February 2024
- Border Force’s operational response to general aviation flights at London City Airport, submitted 14 February 2024
- ICIBI 2022-23 annual report (submission date unknown)
The former Tory minister warned that generating a public row with Mr Neal was “counter-productive” and could spark a wave of parliamentary questions and Freedom of Information requests.
“When the reports come out I think they’re going to be box office and it will be fodder for the opposition,” they added. “I think the contingency accommodation one will be totally explosive.”
The ex-minister said it was “wrong” to allow a period without official scrutiny of Home Office operations and policies amid concerns about border security.
“The Home Office have taken their eye off the ball on key operational arms that really matter in terms of public safety, they’re not treating it seriously,” the MP added.
“David Neal has been caught up in the psychodrama of the Tory party and ministers are out of their depth.”
The government has so far refused to give a timescale for the appointment of a new chief inspector. But it is understood that the process, which took 10 months for Mr Neal, has yet to begin and is likely to stretch beyond an autumn election.
“During the gap the ICIBI staff, who are all civil servants without any legal powers, can continue working on inspections that have kicked off, but are not able to finalise them with the Home Office in the absence of a chief inspector,” a source familiar with the process told i.
The source warned that it will be easier for the government to “push back” on inspections in the interim period, and refuse to provide requested access and information, adding: “Without a chief inspector it will be easier for the Home Office to put up obstacles.”
The post of Independent Anti-Slavery Commissioner was left empty for 20 months between April 2022 and December, meaning the body could not publicly comment on the Rwanda scheme or new laws limiting support for trafficked migrants.
The gap came after then commissioner, former police chief Dame Sara Thornton, had publicly attacked the Nationality and Borders Act and challenged ministers’ claims that small boat migrants were abusing modern slavery protections.
Her eventual successor, former Conservative special adviser Eleanor Lyons, revealed earlier this month that her budget was being cut, the commission had a staff of just two people and that the Home Office had to sign off on “every role that I want to recruit to the team”.
Dame Sara, told i: “In respect of the Independent Anti-Slavery Commissioner, I’ve concluded that the appointment and renewal of that post should not be in the hands of the Home Secretary because there’s an obvious conflict of interest.”
The Victims Commissioner post was also left vacant for 13 months between September 2022 and last October, after years of damning reports from the previous commissioner Dame Vera Baird over the treatment of rape victims by police, and plummeting charge rates for sexual offences.
Former justice secretary Dominic Raab allegedly blocked her re-appointment and she quit with a scathing letter accusing the government of “sidelining” the watchdog and “downgrading victims’ interests”.
There was no watchdog in post as the Victims and Prisoners Bill, which has been strongly criticised by charities representing the victims of crime, was drawn up and brought forward by the government.
Her eventual successor Conservative peer Baroness Newlove was appointed only for a one-year “interim” term.
Dame Vera told i today that news of Mr Neal’s sacking was part of a pattern of the government “taking away any potential criticism that may come from an independent role, disregarding it, reducing it and finally getting rid of it”.
“They are so insecure about their poor performance on a whole range of issues where scrutiny is very important, so they’re afraid, and they keep responding in the same way by pushing people out,” Dame Vera added.
Several charities have raised the alarm over the lack of impartial oversight, with the anti-torture group Survivors Speak Out saying the ICIBI was “essential” for victims to voice their experiences.
Manager Nadine Tunasi added: “We are alarmed by the Home Secretary’s decision to fire the inspector, having already decided not to renew his appointment while sitting on a mountain of unpublished reports. We should all be concerned that these actions demonstrate a hostility towards scrutiny and transparency.”
Mr Neal had previously called for the government to give the ICIBI the power to release its own reports, telling MPs the function was “key to our independence” and that publication frequently ran far beyond an eight-week deadline.
Ministers refused his request and then cancelled a planned review of the ICIBI’s remit that was sparked by the Windrush Lessons Learned Review.
An official document released last January gave no explanation for the move, saying: “This recommendation will not be taken forward. The department are considering other ways to fulfil the spirit of this recommendation.”
Windrush reviewer Wendy Williams had warned that the ICIBI’s concerns “were simply not heeded by officials and ministers” as the scandal was unfolding and recommended that the government consider “giving the ICIBI more powers with regard to publishing reports”.
A Home Office spokesperson said it had terminated Mr Neal’s appointment because he “breached the terms of appointment and lost the confidence of the home secretary”. “The planned recruitment process for the next Independent Chief Inspector of Borders and Immigration is in progress,” a statement added.