UK Borders Bill

My Lords, I am very grateful to the noble Lord, Lord Dholakia, for the way in which he has moved the amendment. I recognise that it is very important and significant as regards accountability, oversight and so on. I am also grateful to him for providing me with a way out, as he put it. That was very generous of him, but I have come to expect that generosity from the noble Lord in such matters. I hope that my comments will give some encouragement to noble Lords on this issue. I suspect that, in the end, we will not be a million miles apart in what we seek to achieve. There can be little disagreement about the importance of the issue and the need for accountability and oversight in dealing with properly made complaints. The Police and Justice Act 2006 gave the Secretary of State the power to make regulations in England and Wales, conferring functions on the IPCC in relation to the exercise by immigration officers of specified enforcement functions and the exercise by officials of the Secretary of State of specified enforcement functions relating to immigration and asylum. The 2006 Act did not confer a power with regard to private contractors exercising any of the enforcement functions listed within the Act, such as those carried out by contractors providing detention and escort services, as it was considered that robust oversight mechanisms for these contracts were already in place. This amendment, as argued, would allow the IPCC jurisdiction in England and Wales to be extended to private contractors, with the exception of those exempted from the provisions in Section 41(3). We all recognise that contractors play a valuable role in delivering the objectives of the Border and Immigration Agency. Where they are used, it is right that appropriate oversight arrangements are in place. There is no disagreement about that. The enforcement roles currently performed by contractors include detention and custody officers, detainee escorting and accredited search officers for freight searching at ports. So there is already a degree of oversight in those areas. In the case of detention functions, oversight is provided, of course, by the Prisons and Probation Ombudsman, who investigates deaths in detention and considers complaints where detainees are not content with the response they receive from either the agency or the contractor. So there is already a level of oversight provided through that mechanism. One could fairly argue that the Prison and Probation Ombudsman, first, does a very good job—I know the current office holder has engendered a great deal of respect; and, secondly, it may well be that, for the moment, that is the most appropriate route and mechanism. The use of freight search contractors in border control is regulated by the Nationality, Immigration and Asylum Act 2006. Section 41(1) requires that a Crown servant be appointed to monitor the exercise of powers by the contractor, to inspect the way in which the powers are exercised and to investigate and to report to the Secretary of State about any allegations made against the contractor. The agency is currently exploring the potential of using contractors more widely to add further value to how the Border Immigration Agency delivers its services. As is currently the case with detention custody officers and accredited search officers, the appropriate level of oversight depends on the nature of the function being performed. Once the future functions are fully understood, we will consult on the appropriate level of oversight. The current feeling within the Government is that, until that time, it would not be right to legislate on this issue, hence our caution. In the mean time, and pending completion of our exploratory work on widening the use of contractors, we will ensure that there is co-operation with the IPCC and other monitoring bodies, as built into contracts, so that the issue is covered. The noble Lord, Lord Hylton, rightly and understandably asked about the method of complaint for detainees. There is a comprehensive complaints system modelled closely on that used in prisons, with complaints being required to be investigated and, importantly, resolved promptly. This includes confidential access for complaints about centre staff where the complaint goes direct to the BIA for investigation. The whole system, as I explained earlier, is overseen by the Prisons and Probation Ombudsman to whom complaints can be referred if a detainee remains unhappy with the outcome. With the exception of the question of the noble Baroness, Lady Carnegy of Lour, I have answered the various points raised. I will have to defer to the noble Baroness and, I suspect, drop her a note on the issue she raises.