Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006

I thank the Minister for explaining the reasons behind this order, and his team for letting me learn a little more every day. When the Minister mentioned the ““cellular vehicle””, I wondered whether he was testing our ability to keep awake and follow every word, because it was certainly not something that I had come across before. I wondered whether the cellular telephone had suddenly sprung wings—but we are now informed that it is simply a van that can carry people securely in cells. In this job, I learn something new every day. The 2003 Le Touquet treaty, to which the Minister referred, allowed French and UK authorities to implement juxtaposed controls at specified ports. It enables UK immigration officials to establish control zones in Calais, Dunkerque and Boulogne. We recognise the value of those zones, because within them the UK immigration authorities have the power to exercise immigration control. Criminal offences and the related powers of arrest are extended to these zones. That has always seemed to us an appropriate measure. The controls mean that all UK-bound passengers travelling from these ports should be subject to checks by UK immigration officers before they travel, and that passengers should be refused permission to depart for the UK if they do not have proper paperwork. One should remember that the policy of juxtaposed controls was an attempt by the Government to strike a series of deals, at international and EU levels, on asylum and immigration. Previous measures had included the high-profile closure of the Sangatte refugee camp, and the agreement underlying that; improved security around the Channel Tunnel entrances, which is always welcomed; high-tech vehicle scanning for hidden individuals at ferry ports in France, Belgium and Holland; and UK immigration controls at Coquelles and Eurostar stations. In August 2005, the UK Immigration Service implemented a measure whereby private contractors worked alongside and under immigration officers. That was a potentially controversial measure. The Government tell us in the Explanatory Memorandum to this order that this has been ““very successful””. I and other Members of the Committee would be grateful if the Minister could expand a little on that to give a flavour of the level to which the situation has improved as a result of that activity. The broad effect of the order would be to extend the regime of juxtaposed controls. The Minister explained the two ways in which that will happen. The nub of the matter will always be the fact that suitably qualified persons who are not police or customs officers can be given the authority to carry out searches. That was debated earlier this year, in relation to the 2006 Act. We always took the view that we were prepared to accept the proposals becausethe Government gave assurances—in that case, the Minister dealing with the matter was the noble Baroness, Lady Ashton of Upholland—that the private contractors who carried out the searches would have the appropriate training and be under the appropriate supervision. We note that the regulations are there to put that into effect. We have throughout supported the imposition and extension of juxtaposed controls, but our support is not open ended. It continues only on the basisthat the training and supervision of the private contractors should be satisfactory. We maintain that, despite the changes introduced by the Government, there are still others that could have a much greater effect on the security of this country. Recently, the noble Lord, Lord Carlile of Berriew, with the independent review of terrorism legislation, produced a report that details the inadequacies of policing at our ports. My honourable friend Patrick Mercer, who is the shadow Minister for homeland security in another place, has pointed out that we have been calling for the Government to address the problem of policing the ports for many years. There are many practical solutions that the Government could implement to deal with the problem, such as establishing a single, dedicated border police force or a single department for homeland security to co-ordinate our border control efforts. Of course, we wait with patience to see whether at some time the Government might acknowledge the wisdom of our proposals on the matter. In the mean time, with the caveats that I have given about the proper supervision and training of the people taking part in searches, we support the order.