Bethan Jenkins AC/AM Blog

YESTERDAY I met with Jane Farleigh from the UK Border Agency to discuss the investigation in to the allegations made by whistleblower Louise Perrett who worked as an agency staff member at the UKBA in Cardiff. You can see the article that I wrote about these allegations on the Waleshome blog site at the time they were made.

The professional standards unit of the UK Border Agency has ruled that no disciplinary action would be taken against staff members. I was informed by the UKBA that it was difficult to identify staff because Louise had made her views known six months after she had left the UKBA, that there was little clear evidence, and due to the fact that, as the report by the professional standards unit highlights, their investigation may have been hindered by the actions of the PCS Union. This is what the report says-

‘The UK Border Agency should consider engagement with the PCS concerning advice they gave to their members not to come forward with evidence for the investigation to encourage full cooperation from Union representatives.

I am going to contact the PCS Union following this report to seek its views on this particular matter. Of course the identity and security of staff should be protected, but I am concerned if any potential lack of communication on its behalf meant that this investigation was not as robust as it could have ultimately been.

Another comment by the professional standards unit seems to imply that a staff member who does not raise any concerns in the future which may mirror those that Louise Perrett raised should be disciplined. One must question whether this is an attempt to stop whistle blowing from the UKBA:

‘Consideration should be given to it becoming a disciplinary offence for staff to fail to challenge inappropriate behaviour.’

I was assured that the investigation was thorough, but I find it difficult to understand that if there aren’t problems at the UKBA, why are they putting many changes in place that appear to relate to the culture and staff conduct at the office?  Here is what the UKBA will be doing in light of the report-

- to overhaul the Agency’s approach to credibility issue, starting with a new Asylum

Instruction and new training interventions associated with it;

- an increase from 20% to 50% of decisions being made in Cardiff being assessed against

the UNHCR quality assurance matrix. There is no evidence to date of the quality of

decisions in Cardiff being affected by the issues highlighted. But we need to make doubly

sure that remains the case;

- to invite the Wales Refugee Council, with other key local partners, to help us design

some awareness sessions for staff to deal with some of the concerns the report raises.

- To institute a new arrangement in Wales to ensure staff really can raise concerns outside

their line management line.

Of course I welcome the above and will seek to monitor improvement, especially the work with the Welsh Refugee Council. However, I am  somewhat surprised that staff do not have an opportunity currently to speak to or to meet former refugees who have successfully sought asylum in Wales. This new scheme will give staff the opportunity to speak to people who have gone through the system, and allow for staff making such important decisions to identify with them. At the moment they are given country profiles, and are told where the dangerous parts are, but they do not have a personal view of what it is like to come from such a country, or to suffer persecution.

I am convinced that the UKBA made an effort in to looking in to this issue, yet I do think that there should be a role for the Equality and Human Rights Commission in such instances. The EHRC should, as a body, be able to look at human rights practices in such governmental organisations, and should be the port of call should a future member of staff wish to raise serious concerns about the UKBA if they have exhausted all other internal avenues without success.

I will be writing to the Home Affairs Select Committee, who have also had a copy of the report to ask them how they will be responding, and I will seek Louise Perrett’s views, who has told me via email that she had not heard from the UKBA for some time. I trust that she has had the final report and will be able to assess its outcomes.

What’s important is that the UKBA works effectively and professionally and that any problems brought to light by staff should be dealt with, to ensure that staff feel comfortable enough to raise any concerns they have. After all, they are making life changing decisions on behalf of asylum seekers in Wales, so it is in all our best interests to ensure that nobody has a reason to question their work.

Here are the links to the report  and to the UKBA’s response. I would welcome any feedback as the cross party group on human rights will be discussing this at the next meeting.