What is a ‘ministerial direction’ and why did Priti Patel issue one over Rwanda policy?

Patel used the instruction, which has only been used twice at the Home Office since 1990, writes Ashley Cowburn

(Anadolu Agency via Getty Images)

Just 11 days before Priti Patel unveiled her multi-million-pound proposal to send some asylum seekers to Rwanda for processing, one minister in her department made clear he was left in the dark.

Asked to justify the idea − before the formal unwrapping of the policy − the newly appointed refugees minister, Richard Harrington, appeared visibly puzzled as he asked on LBC if it was a rumour.

“If it’s happening in the Home Office, on the same corridor that I’m in, they haven’t told me about it,” Mr Harrington, who was drafted into No 10 by Boris Johnson during the Ukraine refugee crisis, said. “I’m having difficulty enough getting them from Ukraine to our country − there’s no possibility of sending them to Rwanda,” he insisted.

But on Thursday, the prime minister and home secretary unveiled the deal with the Rwandan government, alongside an initial payment of £120m, to send asylum seekers more than 4,000 miles away to the central African country. Conservative MP David Davis described the policy plan as “bonkers”.

Charities and campaign groups have also condemned the move, while the UN’s refugee agency said the proposal to outsource the processing of refugees was “unacceptable” and would be an “egregious breach” of international law.

It also emerged that Ms Patel faced objections from inside the Home Office but decided to use “ministerial direction” to overrule concerns raised by department officials.

A Home Office source attempted to justify the measure, saying that “Home Office officials are clear that deterring illegal entry would create significant savings. However, such a deterrent effect cannot be quantified with certainty. It would be wrong to let a lack of precise modelling delay a policy aimed at reducing illegal migration, saving lives, and breaking the business model of the smuggling gangs.”

“Ministerial direction” is used by a secretary of state when their department’s permanent secretary − the most senior civil servant − raises objections to a government policy, typically on value for money. In the face of such an objection, a minister can decide to formally instruct the official to proceed contrary to the advice given.

The use of ministerial direction also means that the permanent secretary will not be held personally responsible for the policy action. It falls to the minister in the department instead.

Ministerial direction is a rare political tool. Research from the Institute for Government (IfG) shows that ministerial directions have been used 46 times since 2010, and only twice in the Home Office since 1990.

In recent years, especially during Brexit and the pandemic, it has been used for a range of programmes, including loan schemes and the Treasury’s Eat Out to Help Out scheme, which cost taxpayers £849m.

While it doesn’t necessarily mean the civil service is against the Rwanda scheme proposals, it does highlight the internal objections to Ms Patel’s plan, even before the parliamentary battle has begun.