UK Borders Bill

The hon. Member for Ashford is right that the European convention on human rights was discussed in relation to the proportionality of the legislation. As I understand it, the amendment that he tabled would have extended the powers sought by the clause then in the Bill. The introduction of the seeking of a warrant helps to satisfy the requirement to protect people’s rights under the legislation. We are satisfied that the new clauses and amendments are compatible with the convention. It was interesting to consider the examples given in relation to the new clauses and amendments. Of course, police already have powers to deal with the criminal offence situation outlined by the hon. Gentleman. The provision is about the seeking of documents relating to nationality, in order to effect removal and deportation at the appropriate time. With regard to that analysis, he had a point. We wished to address that, not leave a loophole in what we all agree is necessary legislation, or create an incentive for people to hide their documents with family, friends and so on. Although the majority of documents are found on the premises where the person is arrested, or on premises under the person’s control, we recognise the possibility of creating a perverse incentive for those documents to be stashed away somewhere else, so we wish to extend the powers. Given the analysis that we have undertaken, there is no question but that extending the safeguards to include the seeking of a warrant—which does not apply to the powers to search the premises where the person is found or premises under the person’s control—satisfies the requirements. In response to the question of the hon. Member for Rochdale (Paul Rowen), the chief inspector will have oversight of Border and Immigration Agency activity, and will therefore oversee immigration officers exercising powers. The IPCC will oversee the police. I hope that that clarifies the relationship, but I can write to the hon. Gentleman in more detail if he still has concerns. I thank both hon. Gentlemen, and my hon. Friends, for their support for the measures. Question put and agreed to. Clause read a Second time, and added to the Bill.