Increased legislation, decreased control: the paradox of immigration policy and legislation, 1996–2006.
Abstract
The thesis is primarily concerned with the practical formulation and implementation
of immigration and asylum policies in the UK between 1996 and 2006. The focus is
on these ten years because I contend that it is the legislation and the circumstances,
rather than the specific party of government that has been responsible for
perpetuating further legislation.
This thesis argues that the development of immigration and asylum legislation has
created an undeliverable framework for implementation. It examines the difficulties
of the decision-making process using a bifurcate approach; there is a macro-view of
immigration and asylum trends over the past century presented, focussing on
increases in numbers of migrants during recent years. This overview is brought into
sharp contrast through an empirical study of the communication of policy to Home
Office staff, which provides the basis for micro analysis. This combination of
evidence illustrates that the successful implementation of legislation and policy is
wholly dependent upon the accurate communication to, and interpretation by,
frontline staff.
The paradox of this thesis’s title lies in the fact that it is the increase in the volume
of legislation and policy, introduced and intended to prevent the use of discretion
by caseworkers, that has directly contributed to difficulties in implementation and
to the increased use of discretion by caseworkers. The thesis concludes that by
seeking to control immigration purely through the enactment of new legislation,
rather than enforcing or reviewing existing controls, the government has succeeded
in undermining their own legislation. In addition, a lack of institutional memory has
resulted in the duplication and unnecessary proliferation of legislation, which in
turn has created information overload for implementers and the increased use of
bureaucratic discretion. I contend that it is this confusion and the resulting effects
of discretion that has lead to the introduction of further legislation.
Authors
Gardner, Catherine PatriciaCollections
- Theses [4495]