UK Borders Bill

I am grateful to the noble Duke, the Duke of Montrose, and the noble Baroness, Lady Carnegy of Lour. I always listen carefully to what they have to say on these issues because I know that they speak with great wisdom and experience, as well as a deep knowledge of the interaction between Scottish and English law and legislation and an understanding of the working of the Scottish legal system. Today we have heard introduced to our discussions the Act of Union, so I am dealing with people who know what they are on about, and I respect them for that. I am sure that the noble Duke and the noble Baroness would agree that most of the provisions are reserved and therefore apply to the whole of the United Kingdom. There are just three provisions that do not extend to Scotland, as noble Lords have not been remiss in pointing out. While immigration is a reserved matter, the powers set out in Clauses 1 to 4 will be used by designated immigration officers at ports to support the police to tackle criminality. In broad terms, police powers are a devolved matter and the view has been taken that the activity of immigration officers is also a devolved matter. An alternative approach has been identified for Scotland, which reflects the level of international passenger traffic and the arrangements for policing in Scotland, whereby police officers will attend and deal with those identified as liable for arrest. There will be no compromise in border security as a result of this alternative approach. It is only right that I should put on record that we are working very closely with the Scottish Executive and, in particular, with ACPO Scotland via the border management programme to agree a suitable framework; so we are in regular consultation and liaison with them over these issues. The provision to allow for the forfeiture of detained property is another area in addition to detention at ports that does not apply to the whole of the United Kingdom. I would like to reassure noble Lords that there is no need to legislate for this provision in Scotland as current Scottish legislation, under Section 21 of the Proceeds of Crime (Scotland) Act 1995, provides that property can be forfeited to the Crown.