Corporate report

The MAC Framework Document (accessible version)

Published 8 October 2020

1. Framework document between Migration Advisory Committee and the Home Office

This framework document has been jointly approved by the Migration Advisory Committee (MAC) and the Home Office. It describes how the two organisations will work together.

This document sets out the broad framework within which the MAC will operate. MAC members are always expected to comply with the Framework document. The document does not convey any legal powers or responsibilities. It is signed and dated by the Home Office Senior Sponsor and the MAC Chair. A copy of the document is made available to members of the public on the MAC website.

This document must be reviewed and agreed no later than three years after the date it was signed. An earlier review should take place within two months of:

• a new Chair appointment
• a new senior sponsor being appointed
• a significant change in government policy relating to the business of the MAC
• If the Head of the Home Office Sponsorship Unit (HOSU), Senior Sponsor and the Chair of the MAC agree a review is required

Signed: Philippa Rouse Senior Sponsor of the MAC and Director of Future Border and Immigration System, Home Office (On behalf of the Home Office)

Date: 25 September 2020

Signed: Professor Brian Bell Chair of the MAC

Date: 25 September 2020 (On behalf of the MAC)

2. 1. Introduction

The Migration Advisory Committee (MAC) is an independent, non-statutory, non-time limited, non-departmental public body that advises the government on migration issues.

3. 2. The MAC’s Terms of Reference

The MAC’s function is to provide independent and evidence-based advice to the government on matters relating to migration. The MAC will mainly be asked to provide advice on the operation of labour migration and the needs of the labour market but may, from time to time, be asked to advise on other matters relating to migration where the government requires expert advice. The MAC will advise the government on how to control migration and ensure that the immigration system meets the needs of the UK economy and is designed to improve overall UK productivity.

The MAC will receive regular commissions from the government as to work that it is expected to undertake.

The MAC will also have the ability to engage in work of its choosing and to comment on the operation of any aspect of the immigration system.

The MAC will be required to produce an annual report.

The MAC will be expected to keep the Shortage Occupations Lists under regular review.

The MAC’s role will be advisory. Decisions on UK immigration policy will remain a matter for UK government Ministers.

4. 3. Summary of governance arrangements

The Migration Advisory Committee (MAC) is a non-statutory, non-time limited, non-departmental public body (NDPB) established and funded by the Home Office. The role and the remit of the MAC is determined by Ministers and set out in the terms of reference in section 2 above.

The basic governance arrangements for the MAC are as follows:

• ministers account for the overall performance of the MAC in Parliament
• the Permanent Secretary for the Home Office, as Accounting Officer, accounts to Parliament for the issue of funding to the MAC

The Home Office appoints a Sponsor for the MAC, who is currently the Director of Policy in BICS. They advise and, where appropriate, act on behalf of Ministers and the Accounting Officer in respect of their responsibilities for the scrutiny and oversight of the MAC.

The MAC is supported by a Secretariat that is comprised of Home Office civil servants, but which is operationally independent from the Home Office, taking direction only from the MAC on the deployment of the resources delegated to it by the Department. The MAC and the Secretariat will comply with government and Home Office corporate policies and guidance (for example on financial management, procurement, human resources, information management and security) unless specific exceptions are made by the Home Office and notified to the MAC.

Appointments to the MAC are made by Ministers in accordance with the Governance Code on Public Appointments and in line with the Seven Principles of Public Life (Annex A).

5. 4. The Sponsor’s responsibilities

The Home Office Senior Sponsor acts in support, and on behalf, of Ministers and the Permanent Secretary as Accounting Officer in their responsibilities towards the MAC. The Home Office Sponsorship Unit (HOSU) supports the Senior Sponsor’s discharge of their responsibilities including:

• ensuring that Ministers and the Accounting Officer are advised on an appropriate budget for the MAC in the light of the Department’s overall public expenditure priorities; and ensuring such funding is delegated to the Head of the MAC Secretariat
• ensuring that Ministers and the Accounting Officer are advised on how well the MAC is achieving its objectives and whether it is delivering value for money. This includes ensuring appropriate arrangements are in place to conduct an annual evaluation of the performance of the MAC, the Chair and individual Committee Members
• ensuring, in partnership with the MAC, that there is effective governance in place for the MAC
• promoting and safeguarding the independence of the MAC and maintaining an appropriate distinction between the Sponsor’s other responsibilities within the Home Office and the sponsorship of the MAC
• ensuring the MAC and the Secretariat is aware of relevant Home Office corporate policies and standards and ensuring compliance with these is monitored where necessary
• ensuring an open and constructive relationship between the Home Office and the MAC
• ensuring that the MAC is informed of relevant government policy in a timely manner and
• ensuring any concerns about the activities of members of the MAC or of the Secretariat are brought to the full Committee, requiring explanations and assurances that appropriate action has been taken

6. 5. Responsibility and role of the Chair

The Chair of the MAC is appointed for such periods as the Secretary of State for the Home Office may determine but no such period shall exceed three years. His/her appointment and any reappointments must be compliant with the principles set out in the Governance Code on Public Appointments.

The Chair is appointed on a personal basis, even if he/she is a member of one or more other bodies. If the Chair declares an organisation’s views rather than a personal view, he/she should make it clear at the time of declaring that view.

The Chair is expected to attend all MAC meetings, excepting occasions of illness or personal emergency.

The Chair has responsibility for providing effective leadership of the MAC and:

• setting the strategic direction of the MAC
• overseeing the operation and output of the MAC (in collaboration with the Secretariat)
• conducting appraisals of MAC members
• ensuring that every member of the MAC has the opportunity to be heard and that no view is overlooked or ignored
• ensuring that the MAC meets at appropriate intervals
• ensuring that any significant diversity of opinion among the MAC members is fully explored and discussed
• ensuring that the MAC operates under a presumption of openness
• representing the MAC to the public and the media as arranged by the Secretariat. The Chair will have the responsibility of speaking on behalf of the MAC to the press or of being interviewed by journalists and broadcast media
• reporting the MAC’s advice to government and
• ensuring the MAC acts in accordance with this Framework document and with Home Office corporate policies and guidance except where an exception is notified in accordance with this document

As a member of the MAC, the Chair also shares the responsibilities of Members set out in Section 6.

7. 6. Role of MAC members

Members of the MAC, other than the Chair, are appointed for such periods as the Secretary of State for the Home Office may determine but no such period shall exceed three years. Committee member appointments, and any reappointments must be compliant with the principles set out in the Governance Code on Public Appointments.

Members of the MAC are appointed as individuals to undertake duties on behalf of the MAC, not as representatives of their profession, employer or interest group. Members are appointed on a personal basis, even if they may be members of other bodies. If a member declares an organisation’s views rather than a personal view, he/she should make it clear at the time of declaring that view.

Members are expected to attend at least 80% of the full meetings (including workshops and other gatherings) held by the MAC per year. Exceptions will be permitted in case of illness or personal emergency.

Members should satisfy themselves that the MAC’s advice is comprehensible from the point of view of a lay person and that the implications of any uncertainties concerning the basis of the MAC’s advice are fully explained.

All members, including the Chair, have the responsibility of:

• attending and contributing at MAC meetings
• examining and challenging, if necessary, the assumptions on which advice is formulated
• ensuring that the MAC has the opportunity to consider: the available evidence on a given issue; contrary views and, where appropriate, the concerns and values of corporate partners before a decision is taken
• advising on how the MAC’s research budget should be spent
• acting with a presumption of openness and
• ensuring that they act in accordance with this Framework document

Members’ interests - all members’ interests will be made available publicly as appropriate by publication on the MAC website.

7.1 MAC meetings

The frequency of MAC meetings will be determined by the Chair in the light of the current workplan.

A representative from the sponsoring Department shall attend MAC meetings (see paragraph 8.8 below).

There must be a minimum of three members (including the Chair) at each MAC meeting.

Code of conduct (public service values)

All members of the MAC must always follow public service values by:

• adhering to the Code of Conduct for Board Members of Public Bodies published by the Cabinet Office in June 2019
• following the Seven Principles of Public Life set out by the Committee on Standards in Public Life (see Annex A)
• being accountable, through Ministers, to Parliament and to the public for the activities of the MAC and for the standard of advice that it provides
• not misusing information gained in the course of their public service for personal gain or for political purpose, nor seeking to use the opportunity of public service to promote their private interests or those of connected persons, firms, businesses or other organisations and
• not holding any paid or high-profile unpaid posts in a political party or engaging in specific political activities on matters directly affecting the work of the MAC

All members must comply with this Framework document and ensure that they understand their duties, rights and responsibilities, and that they are familiar with the function and role of the MAC and relevant statements of government policy regarding issues that stem from the MAC’s advice.

8. 7. The MAC Secretariat

8.1 The role

The primary function of the Secretariat is to support the MAC and its members by arranging and minuting meetings, assembling and analysing information, drafting reports and correspondence and paying members’ remuneration and expenses. The Secretariat will also advise the MAC on process and procedure in its relationship with government.

The Secretariat will bring emerging issues of concern to the attention of the MAC to inform deliberations. It will, as far as is reasonably possible, identify all relevant and appropriate information and ensure that it is made available to the MAC.

The Secretariat will work with the Home Office to ensure the MAC is aware of relevant policy developments, can share information and analysis where appropriate and to ensure reporting requirements are met.

The Secretariat will ensure that the proceedings of the MAC are properly documented.

The Secretariat will be an impartial reporter, always respecting the MAC’s independence.

As Home Office Civil Servants, the Secretariat staff will comply with all Home Office and government-wide corporate policies and guidance, except where exceptions are notified in accordance with this document.

Responsibilities of the Head of the MAC Secretariat.

The Head of the MAC Secretariat is personally responsible for safeguarding the public funds which he/she is delegated by the Home Office; for ensuring propriety and regularity in the handling of those public funds; and for the day-to-day operations and management of the MAC Secretariat. In addition, he/she should ensure that the MAC as a whole is run on the basis of the standards, in terms of governance, decision-making and financial management, that are set out in the government and Home Office’s corporate policies and in this Framework document.

The Head of the Secretariat will also ensure that the Home Office Sponsor is provided with such information as he/she requires to fulfil his/her responsibilities as set out in Section 4. The Sponsor will advise the Head of the Secretariat as to any arrangements within the Home Office that will apply in relation to these responsibilities.

9. 8. Working arrangements for the MAC

9.1 Workplan

Wherever possible, the government will agree with the MAC a workplan which sets out what the MAC will deliver and by when, taking account of the MAC’s capacity to deliver. However, the government may at any time commission work and ask the MAC to change the current workplan accordingly.

Unless acting as its own initiative as set out above the formal commissioning of work by the MAC will be done by a letter from the Minister for Immigration or the Secretary of State for the Home Department to the Chair of the MAC. The MAC will publish the part of the letter setting out the commission.

9.2 Engagement with ministers and officials

The MAC will offer written advice to ministers which it will publish subsequently wherever possible, subject to the provisions in paragraphs 8.9 – 8.14.

Communications between the MAC and ministers will usually be through the Chair, except where the Chair or the MAC has agreed that an individual member should act on its behalf. In such cases both the Secretariat and the Chair should be informed, and the latter will inform the rest of the MAC.

Home Office officials will strive to have an open and transparent relationship with the Secretariat as far as possible.

9.3 Consultation

Wherever possible and appropriate, the MAC will issue a call for evidence to employers, trade unions and other corporate partners as it sees fit and will conduct consultations with them in the manner it sees fit.

9.4 Research

The MAC will commission research as it sees fit, within a budget agreed with the Home Office.

9.5 Role of the Home Office representative on the MAC

The Home Office representative (see paragraph 6.8) shall not participate as a full member of the Committee but shall inform the Committee about current government policies or operational procedures relevant to the deliberations of the Committee and provide any necessary background about a government commission to the MAC. The Chair may invite the Home Office representative to express an opinion on any matter before the Committee.

9.6 How advice from the MAC will be presented

Upon completion of a report commissioned by the government, the MAC will then publish its report at an appropriate time, at its discretion. The MAC may hold a press conference to accompany publication of its report. The MAC will publish the report on its website. The advice of the MAC will be objective, evidence-based and independent of the government.

Advice will be given clearly and, wherever possible, in terms that can be understood by a lay person. Any assumptions underlying the advice and the nature and extent of any uncertainty will be identified as far as is possible.

Where there are uncertainties, whether due to substantial gaps in the knowledge base, or inadequate or incomplete data, or due to general complexity, making it impossible to predict the outcome of a policy or intervention with substantial certainty and where judgments have been made in the face of any of these forms of uncertainty, the MAC will identify these with any tensions or trade-offs between them, and may produce a range of options or interpretations as part of its advice.

9.7 Reasons for producing a preferred option will be made clear.

The MAC should not seek unanimity at the risk of failing to recognise different views on a subject. Any significant diversity of opinion among MAC members will be recorded and published with the advice to the government.

Reports and advice that are published will include enough detail such that anyone scrutinising the work of the MAC can identify the background information used and identify any assumptions made or criteria applied.

9.8 Publications

The MAC must produce such reports, or updates of reports, as it is commissioned to do by the government, in accordance with its Terms of Reference (Section 2). Reports should include the methodology used, a review of research commissioned, and details of corporate partners consulted.

The MAC may also independently publish additional reports relevant to its current or possible future remit, including calls for evidence and methodological papers.

The MAC may independently produce reports on the operation of any aspects of the immigration system as its sees fit, provided that undertaking such work does not impede its fulfilment of the commissions it has received from the government.

The MAC must produce an annual report (or equivalent publication) to inform Parliament and the public of the work it has done and its use of resources. This report may contain comment on, and recommendations relating to, all aspects of the immigration system.

9.9 Communications with the media

The Chair of the MAC will be the spokesperson for any contacts with the media unless other specific arrangements have been made by the Chair and Secretariat.

If a member of the MAC receives an approach for an interview on behalf of the MAC, the request should be referred to the Secretariat for advice where possible.

If a member is speaking or writing in a personal or professional capacity to the media (which he/she is entitled to do) and he/she is identified as a member of the MAC, it should be made clear that the individual’s view is not necessarily that of the MAC.

Members should avoid public comments of a party-political nature on matters relevant to the work of the Committee, as the advice of the Committee to government must be seen to be impartial.

All media inquiries to members, any media appearances and any requests for articles, letters or other comments should beforehand, when relevant to MAC business, be routed through the Secretariat, who will liaise with the Home Office press office and the Chair.

9.10 Confidentiality of papers

The MAC will operate in an open and transparent way in accordance with Cabinet Office guidelines and its policy on openness and transparency outlined below. If documents are produced for eventual public release, they should not be disclosed until they have been formally released by the MAC.

9.11 Policy on openness and transparency

The MAC will operate with a presumption of openness.

The MAC will make public (through publication on its website), and will continue to make public:

• details of the MAC’s terms of reference and its Framework document
• membership of the MAC
• members’ interests
• minutes (after they have been formulated and agreed by the MAC)
• formal reports and statements made by the MAC and
• contact points for the Secretariat

Minutes of all the MAC meetings will be taken. These will reflect the proceedings and discussions that take place and will be recorded on a non attributable basis, except where the views of one or more members need to be recorded (for example when declaring an interest).

Wherever possible, final advice from the MAC will be placed in the public domain when it is submitted to the government. Where advice cannot be made public or cannot be made public for a period of time, this will be explained. It is not anticipated that there will be many occasions when there is a need to withhold information, but some examples might include:

• when there is a specific and significant risk that doing so would prove commercially or financially sensitive

or

• where studies are sensitive in security terms
• the Home Office has the right of access to all the Secretariat records and personnel