What is the Migration Advisory Committee?

Dear Mr Bassie,

I am told that a lot of the policies of the United Kingdom Border Agency are scrutinised by the Migration Advisory Committee.

What exactly is this organisation and what role does it play in the policies and regulations enforced by the United Kingdom Border Agency and the Home Office?

Thanks in advance.

S.J.

Dear S.J.,

Your question is quite timely in light of the changes being made to the immigration law, its regulations and policies. The Migration Advisory Committee (MAC) advises the British government on migration issues. The MAC is a non-statutory, non-time-limited, non-departmental public body, that is affiliated to the United Kingdom Border Agency of the Home Office.

The MAC consists of a chairperson and four independent economists, appointed under rules relating to public appointments as laid down by the Office of the Commissioner for Public Appointments. In addition, the Commission for Employment and Skills and the United Kingdom Border Agency are represented on the committee and it is also supported by a secretariat made up of economists, policy and administrative staff.

The MAC meets quite frequently, at least quarterly, and more frequently as required. The minutes of these meetings are recorded and published as soon as practicable after each of its meetings.

The MAC states that it is keen to work transparently, and consults corporate partners, as widely as practicable, and the Committee members work to a code of conduct. It carries out visits across the United Kingdom and hosts regular events for corporate partners. It also works closely with the Commission for Employment and Skills. Details of published MAC research programmes are available to the public.

In September 2009, the MAC hosted an international conference titled 'Managing labour immigration during economic growth and crisis: international experiences with points-based systems'. A summary of the conference and presentations was made and was published. This is now available to the public.

An example of its contribution to shaping migration policies was illustrated in November 2010, when the government of the United Kingdom announced that it intends to raise the minimum skill level for jobs for those applicants applying under Tier 2 from National Vocational Qualification (NVQ) level 3 to graduate level. The government, in December 2010, then asked the MAC to advise on what standard occupational classification (SOC) codes should be considered as graduate level occupations for the purposes of Tier 2 of the points-based system. Another question the MAC was asked to advise on was how the current shortage occupation lists for the United Kingdom and Scotland could be revised to remove jobs below graduate level?

With respect to this commission, graduate level refers to NVQ level 4. Also, the second of these questions will permit the MAC to identify specific job titles on the current shortage-occupation lists as skilled to graduate level and that will be the case, even if the broader occupation is not skilled to that level. The MAC will have to achieve this without compromising the general intention that the minimum skill level within Tier 2 routes should be raised to graduate level. Therefore, it is within the prerogative of the MAC to consider appropriate benchmarks that could be used to identify graduate level jobs within non-graduate-level occupations on the current shortage-occupation lists.

Mac role important

Furthermore, at this stage the MAC has not been asked to assess shortages in relation to graduate-level occupations or job titles, nor whether it would make sense to fill such shortages using labour from outside the European Economic Area. Since there will be timescales for implementation of the limits on Tier 2 migrants, the MAC will, in this commission, only be examining the skill levels of those occupations and jobs currently on the shortage-occupation lists. Subse-quently, the MAC has agreed to provide advice on both questions by February 2011. It should also be noted that the MAC will approach corporate members and other interested business groups to get their input prior to providing its advice.

This is just one of the many areas, with respect to the policies and regulations, enforced by the United Kingdom Border Agency and the Home Office that the MAC may influence and, as you can see, the MAC does play an important role with respect to migration in the United Kingdom.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators and a chartered arbitrator. Email: lawbassie@yahoo.com.