Immigration and race relations legislation and policy in the UK

Four phases of immigration policy in the UK

Controls on Jews and other aliens arriving from Europe, 1905 onwards Controls on New (black and Asian) Commonwealth migrants, as opposed to Old (white) Commonwealth immigrants, 1962 onwards explicit distinctions being made Controls on the entry and rights of asylum seekers, 1980s onwards Managed migration and tighter more selective controls on labour migration, including some Eastern European migrants such as Bulgarians and Romanians, 2000 onwards
(Rosemary Sales (2007) Understanding Immigration and Refugee Policy, Bristol: Policy Press)

Key moments in UK Immigration Policy

1905 Aliens Act: controls on Jews migrating to the UK 1948 British Nationality Act: enshrined rights of all Commonwealth citizens to reside in the UK 1962 Commonwealth Immigrants Act: first piece of legislation that restricts rights of Commonwealth citizens to have right to live in UK, introduced a voucher system from primary immigration where migrants need work vouchers to come to the UK 1971 Immigration Act: introduced limits on recourse to public funds (e.g. benefits), notion of patriality (having the right to live in the UK through the British birth of a parent or grandparent) this meant that white immigrants from Commonwealth countries such as Australia, South Africa, Canada favoured over those from other Commonwealth countries like India, Pakistan. Asylum & Immigration Appeals Act 1993: introduced finger-printing and removed rights to public sector housing Asylum and Immigration Act 1996: penalties for employers who employ those without appropriate documentation. Immigration and Asylum Act 1999: introduced vouchers for support (instead of cash vouchers can only be used in certain shops), dispersal and accommodation system where National Asylum Support Service (NASS) support asylum seekers only. Under dispersal system asylum seekers are sent to live in different parts of England (no choice on where) mainly away

from London and the South East (spreading the burden Robinson et al. 2003). Nationality, Immigration and Asylum Act 2002: introduced new induction/removal centres for asylum seekers which deal with deportations, withdrawal of support to asylum seekers who are late applicants, and unsuccessful applicants, no right to work for asylum seekers Asylum and Immigration (Treatment of Claimants, etc) Act 2004: limited rights of appeal Accession 8 countries (2004): Czech Republic, Lithuania, Estonia, Poland, Hungary, Slovakia, Latvia and Slovakia, often referred to as the 'A8' countries joined the EU on 1 May 2004. Nationals from these countries are allowed to work in the UK like other EU citizens. Immigration, Asylum and Nationality Act 2006: Introduces new asylum model 2007 Bulgaria and Romania join EU: some restrictions on right to work in the UK. Usually need to request permission initially and register. UK Borders Act 2007: Introduces the power to impose compulsory biometric identity documents for non-EU immigrants. Equips immigration officers with police-like powers, including increased detention, entry, search and seizure powers. Allows additional reporting and residency conditions to be imposed on immigrants granted limited leave to remain. Borders, Citizenship and Immigration Act 2009: effects for immigrants applying for naturalisation. Most people will have a qualifying period of eight years (up from 5) before they can apply for citizenship. If they do some voluntary work, known as active citizenship, then this period of time will be reduced to six years. UK Borders Agency (UKBA) now required to safeguard the welfare of children, bringing them in line with all other public bodies that have contact with children.

Race relations legislation and policy

1943 first Government consideration of racial discrimination legislation 1962 Government sets up Commonwealth Immigrants Advisory Council (CIAC) to focus on immigrant welfare and integration 1965- first Race Relations Act Racial incitement is a criminal offence, emphasis on conciliation and friendly settlement though local conciliation committees and Race Relations Board Act is seen to be weak and not enforced properly.

1968 Race Relations Act Racial discrimination provisions extended to cover public and private employment and housing. 1968-75 Enforcement problems. Discrimination hard to prove, Act does not help with indirect discrimination. Cases take a long time and remedies limited. 1976 third Race Relations Act Extension to cover indirect discrimination, access to legal process to encourage individual complaints, equal opportunities codes of practice and investigation. Commission for Racial Equality formed. 1976-1990s Problems: still hard to enforce law on indirect discrimination. Most cases on direct discrimination. Success: widespread adoption of equal opportunities policies and practices, increase in number of complaints brought forward. 2000 Race Relations (Amendment) Act Introduce statutory obligation on all public agencies to eliminate racial discrimination and promote good community relations 2003 Race Relations (Amendment) Act Introduces new definitions of indirect discrimination and harassment. Includes school children. Indirect discrimination: any policy or practice which puts a racial or ethnic group at a disadvantage. 2006 Racial and Religious Hatred Act Seeks to stop people from intentionally using threatening words or behaviour to stir up hatred against somebody because of what they believe. 2006 Equality Act Abolition of the Commission for Racial Equality and integration of this into the new Commission for Equality and Human Rights in 2007 2010 - Equality Act Drawing together previous equalities legislation in various areas to simplify and consolidate. Some additions on health and disability in particular. It requires equal treatment in access to employment as well as private and public services, regardless of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation.