Thank you for inviting me to deliver the conference opening address. I am delighted to have this opportunity to share my vision for the future of the jurisdiction in which you all work. You will have a chance to discuss this in greater detail later this afternoon, and I hope you will have a useful and wide-ranging discussion. It is, I appreciate, a time of change and uncertainty in the jurisdiction.
I know that Judge Hodge had planned this conference to coincide with what we had hoped would be Royal Assent of the Bill, allowing us the opportunity to have on open discussion about the single tier Tribunal.
As you know, the Bill has not as yet completed its Parliamentary passage. We need to seek to overturn some of the amendments made in the Lords. This will include the provision that the vast majority of appeals should be heard by a three-person panel. On the current timetable, we are expecting to get Royal Assent in July 2004.
But irrespective of the slight delay, we will be pressing ahead with our plans and this is what I want to speak about today. We have of course been talking with the senior judiciary and I am grateful to Duncan Justice Ouseley, Henry Hodge, Mark Ockleton and Libby Arfon-Jones for contributing so positively to the design discussions.
Today I want to focus on three points:
The judicial role in this is very clear: to deal fairly with each appeal within a reasonable time. The appeals system must of course be fair to appellants. And looked at in the context of the system as a whole, it must also be fair to UK citizens.
We have already achieved a lot - particularly in terms of speed, but without sacrificing quality. In April 2003 we introduced a joint Public Service Agreement target with the Home Office. The target is for 60% of cases to receive a decision including the appeal within 6 months. With a huge contribution from all of you, that target looks as if it will not only be met, but exceeded. I know it has not been easy - it is stressful to have to deal with life and death cases with such speed - and I am grateful to you for working with us.
But we need to go on changing - not so that we can put more pressure on you but so that we can better support the efforts of the tribunal. What we are aiming to do is to create an environment in which you as judges can work together, to get better quality decisions in most cases at the first attempt, rather than after a series of legal challenges.
The single tier Tribunal will be different. It will be less complex than what we have at present. It will provide an effective remedy and dispense justice efficiently, fairly, swiftly and consistently to a high standard - and I believe it will restrict the scope for exploitative or abusive practices.
There would be little point in the Government taking these radical proposals through Parliament if the only material difference was a change of name.
There will be change of name. The new Tribunal will be known as the Asylum and Immigration Tribunal. The acronym A-I-T will no doubt soon become common parlance.
The AIT will not be the IAA. It will be a brand new Tribunal with a different culture and a different structure. Its ethos will be to deliver justice with quality, speed and efficiency.
The AIT must aim high. The highest of these aims is that everyone - including the senior judiciary - recognises that it is the leading judicial expert in the field of immigration and asylum. That its expertise is second to none.
It must be a self-contained jurisdiction where its jurisprudence is applied consistently. The need for further challenge to the higher courts should be only in exceptional cases. It must become a beacon of quality.
There must be collegiate working practices where senior judiciary work closely with all their judicial colleagues. Overall quality must continue to be raised, by building strongly on existing initiatives like performance appraisal, mentoring and the excellent work undertaken to meet judicial training needs.
The quality of decisions must be high.
Decisions must be accurate and consistent.
You are the people that will make the changes succeed. I don't deny that this will be challenging and we will all need to work together on this.
We'll do our bit to make it work. But I must emphasise that this is a major reform.
I know you are anxious over job losses and loss of status. There will be no forced exits or having to compete for your own jobs as we move to the AIT. There will be a different judicial structure. For full-time members, you can expect to receive the same rates of pay and retain your existing judicial status.
As part of this major reform, I intend to make an Order to confer the title of Immigration Judge on all legally qualified judges within this jurisdiction. This is in recognition of the importance I place on the role you have to play in this difficult and complex area.
So what will the new structure be? Immigration Judges will form the main judicial foundation of the AIT. This tier will be made up of the existing salaried and part-time adjudicators and part-time legally qualified members of the IAT. Let me emphasise - lay members will not be Immigration Judges.
Immigration judges will continue - as now - to determine the vast majority of cases on their own. But that, I believe, is where the similarity ends. I know that many of you must currently feel isolated. In future, there will be a support network in the form of advice on difficult legal questions, guidance on difficult decisions, mentoring where required, and greater reliance on authoritative decisions.
We are working to ensure that process innovations and improvements focus appeal hearings on the key issues. I believe that the new processes will result in far greater efficiency. And without in any way interfering with judicial independence, we are working to ensure that judges will be able to discharge their duties more effectively.
The next layer - Designated Immigration Judges - will lead teams of 8-10 Immigration Judges.
Designated Immigration Judges will be available locally to preside over hearings, provide advice and guidance, and undertake quality checks on promulgated decisions. They will not be able to change any judicial decision prior to promulgation.
Designated Immigration Judges will appraise performance. They will liaise with the senior judiciary on judicial and management matters including the provision of training. Essentially, theirs will be a supervisory role.
I know that the term supervision in the Bill has caused consternation and there is a worry that senior judges will use this role to change determinations - or act in some way to impinge on judicial independence. That will not be the case. It was never intended to be the case.
As to the level of these posts, we expect it to be broadly similar to the existing Deputy Regional Adjudicator Posts. All existing Deputy Regional Adjudicators will be able to take up a post if they want to. We expect there to be between 20 to 25 posts at this level. These will be promotional opportunities for Immigration Judges to fill these posts. And I hope you do take advantage of this career opportunity.
The next judicial level will be made up of approximately 40 Senior Immigration Judges. This is where I expect to see the most radical change.
In pay terms the new posts will be broadly comparable to the current Vice Presidents' payband. And I would expect the posts to be filled in the main by them and the existing regional adjudicators.
I do not want people to compete for their jobs. If you are one of these office holders, and you want a job in the new organisation, you will be able to have one. It is you who will make the decision.
However, the nature of the duties will be very different from either of these current roles and you do not have to stay if you do not want to. It is a decision for you to make. Over the next few weeks we shall explore what the options are for those who do not want to work for the AIT. I am not going to force you out, and I emphasise that there is a job there if you want one. But what I will be looking for is strong leadership as well as strong legal skills. I shall expect to see new and better ways of working and of doing things. I shall be looking to this tier to lead the drive to improved quality.
I shall also be looking to them to promote a collegiate environment in which the senior judiciary engage more openly with judges across the jurisdiction. All will bring a high level of legal expertise and all will be involved in chairing panel hearings.
A group of judges will focus on judicial management and leadership within the regional organisation. Another group will focus on the core legal issues and be available on circuit to impart their legal expertise. They will also be responsible to the President for developing jurisprudence and ensuring its application through practice directions.
Senior Immigration Judges will act on behalf of the Administrative Court and the Court of Session in dealing with review applications during the transitional period.
As for the top judicial posts in the AIT, I have the power to appoint one or more Deputy Presidents. I shall take this decision once I have appointed the new President of the AIT. I shall be appointing the President within the next few weeks in consultation with the Lord Chief Justice.
There will be promotional opportunities within the new AIT at all levels.
I want the AIT to be a dynamic organisation.
I want to increase the gene pool.
Where possible I want to bring in new talent and expertise from other jurisdictions. But I also want to reassure you that although it will be different, there is a place for you in the new system if you want it.
I want a mix of the old and the new.
For those who want to embrace the culture of change and face the new challenge there will be jobs for you - and in senior positions.
For those who are averse to change or have reservations over what the future holds, you will have the option to choose alternative paths. Over the next few weeks, we will be able to tell you more what those options are.
My message to you is this. Take the option of joining with us and facing change positively and constructively. I have no doubt that you can deliver a new culture, and new working methods. And as a result this jurisdiction will command the respect of all.