UK Borders Bill

I was slightly disappointed that no amendments were tabled to address the issue, which we identified on Second Reading, of the discrepancy between the powers to detain of immigration officers working in England and Wales compared with those of officers working in Scotland, who will not be able to detain those suspected of committing a non-immigration offence pending the arrival of a police officer. There was also a slightly less than satisfactory outcome to our brief exploration earlier today of clause 44, which relates to the seizure of nationality documents, in relation to Scotland. I mentioned during that debate that there was a corollary between the new powers being given to HMRC officers in Scotland and the similar new powers in the Bill for immigration officers. The Criminal Law (Consolidation) (Scotland) Act 1995 was amended to ensure that only sheriffs—not sheriffs and justices of the peace—could issue and vary production orders. The provisions specified in some detail the procedures relating to the powers to remove, access and copy documents; again, there is a direct corollary with the power to seize nationality documents. The powers of arrest were specified, and, indeed, limited, to ensure that HMRC officers—and likewise immigration officers—would not actually be police officers but would have certain powers. The Criminal Procedure (Scotland) Act 1995 was also amended. Finally, the Criminal Justice and Police Act 2001 was amended to reference the Criminal Law (Consolidation) (Scotland) Act 1995, particularly in relation to the seizure of documents. That might have been a better approach to take to the powers given to immigration officers by the Bill; it might have been a more comprehensive way of dealing with these issues. However, none of those flaws is enough to persuade us to oppose the Bill tonight, and we will not do so. I am sure that the Minister will take on board in the correct manner the fact that I say that there is to be a change of Administration in Scotland soon, and that I am sure that he would like to seek an early meeting with the new Justice Minister at which he can explore fully how the criminal law in Scotland might be amended to provide the necessary safeguards, and to ensure that immigration officers working in Scotland have the same powers to protect their borders as those working in England and Wales.