Immigration, Asylum and Nationality Bill

I am not saying that the number of cases will rise. If the noble Lord will permit me, I shall write to him about the basis upon which the statistical analysis is done. My own experience of how one determines a random sample is that one looks at what will give one the best possible information to determine what is happening within a system. I presume that has been done in this case. We are anticipating not that the number of cases will rise, but that we will have a full-time person who is able to take a larger sample. I am sure that the sample will be statistically significant as regards detecting trends across the system. By having a maximum of 4,000, as I have indicated, we shall probably be able to pick up individual posts where one might begin to see trends. That will be the basis of the exercise, but I shall confirm that, or deny it if it is not the case, although I am sure that it is. I am happy to give Members of the Committee more detail on the role of the independent monitor. I indicated—as the noble Lord, Lord Avebury, suggested—that there had been a successful applicant. I understand that the appointment will be made shortly by my noble friend Lord Triesman. I have asked what will happen in the gap as I do not know when the individual concerned will commence his duties. I have not received an answer in that regard but I shall, of course, let Members of the Committee know when I do. As regards Amendment No. 23, there are two points. If one used a different process to develop an appeals system, there could be a wasteful overlap between the work of the commission in this case and that of the tribunal. There is a question mark about whether it is appropriate for the parliamentary commissioner to act in this matter, as in some cases there are rights of redress to the courts. My noble friend Lady Warwick referred to the role of the sponsor. I reiterate that one of the critically important parts of the new system, whether a university or an employer is involved, is that the sponsor will have a much stronger role to play in identifying the individuals whom they wish to study or work with. I do not underestimate that as I believe that it will be a very important factor in ensuring the objectivity that the Committee is looking for, although, as I said, those people will make subjective judgments at one level. It is a case of saying, ““We want this individual to come and work for us because we need his or her skill””, or, ““We have a vacancy and we believe that the person has the qualifications and/or experience to fill it””. That is an important role. The sponsor also has a role to play in the administrative review. I hope to discuss that in more detail with Members of the Committee. Finally, I believe that the noble Lord, Lord Avebury—I hope that the Committee will forgive me if I am wrong about this—asked how an entry clearance officer would assess the work experience of a highly skilled worker. I envisage that the following will happen with regard to the level 1 tier, although this is by no means set in stone. When I considered the factors that one might take into account, it seemed to me that one could quickly identify the level of a person’s qualifications. The salary they had received may or may not be pertinent as that would depend on which part of the world they had worked in. None the less, one could take that into account. One could take into account the number of years’ experience they had and their age in that context. Those are the criteria that we shall consider in a points-based system. It is not a case of assessing whether an individual has the right kind of experience; rather, it is a case of assessing objective criteria such as the qualifications that an individual has. Does the individual have a PhD? Does he have a degree? What kind of work has the individual been doing? We are trying to make the system as objective as possible. We should be moving towards a system that leaves out all subjectivity and is crystal clear not only to the entry clearance officer, but particularly to the applicant. I hope that the Committee will keep that in mind. I hope that I have answered as many points as possible and that the noble Baroness will feel able to withdraw the amendment.