UK Borders Bill

That is an important point, and we have taken some considerable time and effort to think through the safeguards, which I will come to in a moment. I want to reassure all communities that this legislation will be used fairly and for the benefit of all, and not in a disproportionate manner. I am sure that the hon. Gentleman will remember that our debate on this question in Committee, which was identified by the hon. Member for Ashford, centred on the proportionate nature of the power. That is why we are now introducing the need to obtain a warrant to search more widely than was allowed in the original clause. Such a warrant will be required to search other premises where it is believed that documents relating to the person might be found. That should ensure that people do not place relevant documents in someone else’s safe keeping in order to avoid their being seized. We did not want inadvertently to create an incentive to avoid detection in that way by leaving the clause as it was. Safeguards have been put in place to prevent misuse, and I shall give the hon. Gentleman some details. For example, when applying for a warrant, an immigration officer or constable must specify to the magistrate the grounds on which the application is being made, the provision under which the warrant is to be issued, the premises that they wish to search, and the articles for which they are searching. The warrant must specify the name of the person applying for it, the date of issue, the premises to be searched, the provision under which it is to be issued, and the articles being sought. Warrants issued under this provision will authorise entry on one occasion only, and will be valid for one month. Entry and search must be undertaken at a reasonable hour, unless it appears to the officer executing them that the purpose of the search might be frustrated by so doing. The immigration officer or constable must identify themselves to the occupier of the premises—or, in his absence, to another person who appears to be in charge of the premises—and produce identification, show the occupier the warrant and supply him with a copy of it. In the absence of anyone appearing to be in charge of the premises, the warrant should be left in a prominent place on the premises. A search under such a warrant may be undertaken only to the extent required for the purpose for which the warrant was issued. A warrant must be endorsed, stating whether the object of the search was found and whether anything else was seized. Warrants, whether they have been executed or not, must be returned to the issuing court and retained for 12 months, during which time they will be available for inspection by the occupier of the premises. I should like to give the House some reassurance on another issue that was raised in Committee, relating to the guidance and training that will be available. Instructions will be issued to immigration and police officers on when the power—with and without warrant—should be used. The guidance will take account of the nationality pilot that is being conducted in three charging areas. Hon. Members will be aware, as we have discussed this matter before, that the immigration officers will be arrest trained. Matters relating to good communication with the police, to contamination and to other important issues that need to be taken into account are part of the training that immigration officers undergo. This measure, as applied to immigration officers and the police, will lead to greater and better communication.