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Pride and Prejudice: A Review of police Race Relations in Scotland

Chapter 6 Asylum and Immigration

Introduction

6.1 While there are many challenges facing the police service in developing positive race relations, the issue of asylum seekers is particularly demanding and current. Throughout the United Kingdom the police service has been tested as world events have seen many people from a huge variety of countries travel to Britain seeking asylum and a better future.

6.2 Scotland has absorbed significant numbers of people seeking asylum through both formal and informal dispersal as a result of UK Government policy to cope with the influx and ease pressure on London and the South East of England. A recent snapshot (January 2003) suggests up to 10,000 people have arrived in Scotland in the last three years to seek asylum. These arrivals have placed significant demands on policing, some of which are shared with other services and some unique. Included in the challenges are:

• Opposition to asylum seekers at numerous levels of society, often reflected in the media.
• The ongoing impact of world events.
• Changing UK Government policy in relation to those seeking asylum.
• Conflict between policies founded on integration and assimilation and the temporary status of people seeking asylum.
• The fact that immigration policy is a reserved issue and not devolved to the Scottish Parliament.
• Developing closer partnership with the United Kingdom Immigration Service.
• Increased immigration activity at ports in Scotland, particularly Stranraer in Galloway.
• Policing of the detention facility (at Dungavel, South Lanarkshire).
• The need for multi-agency working.
• The housing of asylum seekers in areas of existing social deprivation.
• Movement of people seeking or granted asylum throughout both urban and rural Scotland.
• The different size of the challenge between and within police forces in Scotland.
• The varying types of status which immigrants can hold, affecting their residential and employment conditions, including asylum seeker, refugee (granted asylum) and illegal immigrant.
• Appreciating the complexities and implications of the connecting issues, whilst avoiding an over reliance on individual force 'champions'.
• The demands of responding to numerous cultures and languages.
• Asylum seekers' perceptions of the police influenced by negative experience in their country of origin.
• Actual crime and racism experienced by people seeking asylum.
• Criminal activity within the community.
• Disorder and potential disorder arising out of critical incidents.

6.3 HMIC is pleased to record that the asylum seeker challenge has generally been responded to positively by the police service in Scotland. This is true particularly of Strathclyde Police in Glasgow, which as the recipient of the large majority of dispersed asylum seekers to Scotland, is a city of strategic significance. It is estimated that some 8,000 asylum seekers/refugees are currently living in Glasgow, including 67 different nationalities with 40 languages spoken.

6.4 HMIC also notes the preparatory effort expended in other parts of Scotland where strong consideration has been given (and continues to be given) to the possible reception of significant numbers of dispersed asylum seekers. Notable in this category are Fife Constabulary, Dumfries and Galloway Constabulary and 'L' Division of Strathclyde Police which includes West Dunbartonshire Council.

6.5 It is part of the experience of Strathclyde Police that joint consultation with the host Council or other provider, and joint planning and preparation with all partners, are crucial to a proper response. This extends beyond areas of residence to institutions, notably the detention centre at Dungavel in South Lanarkshire, where Strathclyde Police again has sought to build secure contingencies. Asylum remains a very fluid issue and it is appropriate for the police service in Scotland to be aware of considerations, proposals and plans featuring Scotland.

6.6 While asylum is an issue relevant throughout Scotland, it is appropriate to consider in some detail the challenge met by Strathclyde Police.

6.7 Despite some progress since that time there is no room for complacency. This remains a very difficult policing challenge, with issues to be addressed at every level in Scotland. Strathclyde Police has complemented its Force Strategy on Asylum Seekers with a best practice guide encompassing the following issues:

6.8 These headings give a flavour of the comprehensive strategy employed by Strathclyde Police to deal with the challenge. Of particular note is the recognition implicit in the documents that asylum seekers form a multi faceted strategic issue which needs to be afforded the highest priority. Woven into an appreciation of the challenge must be the race relations dimension.

6.9 During the inspection Strathclyde Police and its officers were praised by many of the organisations and people involved in dispersal and integration. This included numerous endorsements from asylum seekers themselves and established residents from the host communities. This is a credit to the force which HMIC would wish to endorse having frequently witnessed the good work, motivation and innovation of police staff during the inspection. The force is also clear that this area remains a very difficult challenge and again this was a universal theme amongst consultees.

6.10 HMIC notes the commitment of Strathclyde Police to keeping both policy and practice under constant review. Elements of this report may assist in this regard. HMIC commends the willingness of Strathclyde Police to share its learning and practice with other forces. Forces have been keen to take up this offer, as they prepare with partners for potentially similar demands.

6.11 There are a number of strategic issues, which if addressed could contribute to the response of Strathclyde Police and other Scottish forces in developing the most positive race relations possible in ongoing challenging circumstances. Some of these can be taken forward by forces themselves while others require substantial input from Government, Councils and other partners.

Reserved issues

6.12 Immigration is a reserved issue within the portfolio of the Home Secretary and not devolved to the Scottish Parliament. Given this fact, it is appropriate for ACPOS, in liaison with the Scottish Executive and ACPO, to review links with the Home Office on the issue of asylum seekers to ensure they are sufficiently robust. This would allow for full information exchange and enable Scottish policing issues to be considered. ACPO in England and Wales has closer links with the Home Office on immigration, usually factored through the Refugees/Asylum Seekers Portfolio of its Race and Community Relations Committee. ACPOS may wish to consider whether it is prudent to seek greater involvement in this aspect of ACPO business, to ensure appropriate levels of liaison and dialogue at a UK national level on this fast moving and complex issue.

Scottish Executive

6.13 While immigration and race relations may be constitutionally reserved to the Westminster Parliament, it is clear the promotion of positive race relations is very much part of the fabric of social policy development in Scotland with a strong lead from the Scottish Executive. Members of the Scottish Parliament have shown a significant interest in seeking to ameliorate many problems that have arisen, and a degree of both moral and financial support has been received in improving race relations. Indeed, in response to the Stephen Lawrence Inquiry Report ⁴⁸ a Scottish Executive Steering Group had oversight of a wide ranging review of police race relations matters.

Liaison with councils

6.14 Forces are also encouraged to build on existing liaison arrangements and revisit partnerships with local Councils and the Scottish Asylum Seeker Consortium to ensure that representation is at an appropriate level. During the Inspection some opinion was expressed from both within and outwith the service that links at a strategic level on the issue of asylum seekers could be made more robust by enhancing police input.

United Kingdom Immigration Service

6.15 A crucial partnership is with the UKIS. In response principally to the arrival in the UK of an increasing number of asylum seekers over the past few years, that service has been granted substantial increases in its establishment throughout the UK. In the financial year 2002/03, the aim is that funded posts in its Scottish region will rise from 106 to 167 with further increases anticipated. The increased staff have been used in pursuit of various elements of the Government White Paper Secure Borders, Safe Haven⁴⁹ including enhancing activity at ports and boosting after entry enforcement activity.

6.16 Both ACPOS and ACPO have protocols in place setting out arrangements for police assistance to the UKIS. The level of such assistance in Scotland between 1999 and 2002 is set out at Figure Thirteen below. It should be borne in mind that police recording of this activity is still a developing issue and the figures used contain an element of estimation. It is likely that some police assistance to UKIS has gone unrecorded.

Figure Fourteen: Broad summary of known instances of police assisting the UKIS in Scotland

6.17 This call on police assistance has been increasing year on year, and with the enhanced enforcement activity by UKIS this may continue to rise with significant resource implications. The UKIS have a plan in place to train their own officials in effecting the arrest/detention of immigration offenders and failed asylum seekers who have no legal basis to remain in the United Kingdom. Contracts have been entered into with police training establishments in the UK, including the Scottish Police College, to provide training in arrest techniques analogous to those used by the police. It is anticipated some thirty-six to forty UKIS staff will have been trained at the Scottish Police College by August 2003. It is intended that UKIS officers will be accompanied for up to six months by police officers in a mentoring role. The long-term objective is that for routine enforcement activity involving the apprehension of small numbers of persons (up to three), this will be carried out by the UKIS staff without police support. For the apprehension of between four and 10 persons, police assistance will be sought, based on a risk assessment. For the apprehension of more than 10 persons, a police presence will be sought.

6.18 Both the police service and UKIS acknowledge the continued need for close liaison regarding operations and for a thorough assessment of community impact before any action is carried out unilaterally or bilaterally. The ACPOS protocol with the UKIS is currently being reviewed by both organisations. HMIC notes the need for this joint liaison and operational activity to be carried out in a way which ensures full regard is paid to community impact and any risk.

6.19 Following a model already used in England and Wales a police inspector has been seconded to UKIS in Scotland on a full-time basis to assist with liaison and joint working. This officer will be supplemented by the secondment of further officers whose duties will include the mentoring role outlined above. HMIC also notes that a limited number of further secondments may be sought from the Scottish Police Service as activity increases. These secondments are fully reimbursed by the UKIS to the secondee's force.

6.20 Plans have also been advanced for joint intelligence work based on the National Intelligence Model involving UKIS, NASS, and the Scottish Police Service, to gain maximum benefit from close partnership working.

6.21 While UKIS develops its enforcement capability and its pool of full-time police mentors, all UKIS operations will require support on the ground from other police officers. It is appropriate to consider the best source of staff for this task. There may be good reasons to exclude community police or other officers who are playing a major part in building relations with asylum seekers. Community police officers consulted during the inspection believe the roles are not easily compatible.

6.22 It may be appropriate for chief constables to build on the protocol and consider further steps to improve understanding and promote joint working on strategy, operations and intelligence.

Investigation of racist incidents

6.23 Chapter 3 on Police Service Delivery comments on the importance of encouraging those seeking asylum to report racist incidents, either directly to the police or through a third party. In Strathclyde Police the racist incident recording system is set up to allow 'asylum seeker incidents' to be extracted and evaluated further. This is appropriate best practice for other forces as consideration of the Strathclyde data reveals.

6.24 Racist incidents involving asylum seekers accounted for 14.6% of all racist incidents reported in 2001/02. The detection rate for these incidents was significantly lower than that for all racist incidents (40.4% compared to 60.4%). Asylum seekers were more vulnerable to crimes of violence than other complainers in racist incidents. A simple evaluation suggests issues specific to asylum seekers require to be addressed. This would have been invisible without such separation of data. HMIC acknowledges the benefits to be gained from this approach.

Third party reporting

6.25 Evidence from Strathclyde Police experience suggests that a key initiative in receiving reports of racist incidents from people seeking asylum is through third party or remote reporting. ( See Chapter 3 for a general introduction to this method of reporting.) There is considerable anecdotal evidence that asylum seekers are wary of approaching the police because of negative experience and perceptions of policing in their country of origin. There is too, an unwillingness to take any action which they perceive could influence negatively their claim for asylum (even 'inconveniencing' an authoritative organisation). There is also a widespread lack of knowledge about the roles and responsibilities of UK/Scottish institutions and how to get in touch with them. Third party reporting can make a significant contribution to overcoming these barriers and ensuring enhanced accessibility to police services.

Illegal immigrants

6.26 A phenomenon, the scale of which is difficult to assess, is that of illegal immigrants entering and living in the United Kingdom. The very nature of their status means they will seek to avoid contact with any form of authority. Their clandestine existence makes them extremely vulnerable to organised criminals and unscrupulous employers who exploit them in various forms of illegal working ranging from prostitution to low paid labour.

6.27 In carrying out its duty unilaterally or with the UKIS, the police service is bound to provide a quality policing service. This holds for illegal immigrants as it does for all sections of society.

6.28 The best practices of thorough investigation, respect for diversity and a victim centred approach are particularly appropriate given such vulnerable victims.

Summary

6.29 Asylum and immigration are key issues for race relations in Scotland, both now and into the future. Public service agencies, particularly the police, are having to ascend a steep learning curve on how best to address the myriad of issues that fall from having asylum seekers in the community.

6.30 HMIC found that Strathclyde Police had earned acknowledgement and praise from the partners and agencies involved with the large influx of asylum seekers to Glasgow City. Where close partnership working had developed, the value of the police input was very highly regarded. Alongside the sense of pride that this force has in its achievements to date, there is equally a strong will to ensure no complacency in an area of policing that remains fragile.

6.31 All police forces in Scotland must maintain an awareness of this volatile issue, know how it may impact on their area, and make necessary contingencies.

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