UK Borders Bill

moved Amendment No. 6: 6: Clause 60, page 32, line 2, leave out ““1 to 4,”” The noble Baroness said: My Lords, despite discussion of this matter at previous stages, I make no apology for raising it again, because crucial uncertainties remain and require urgently to be clarified. The amendment was incorrectly worded when it was tabled last week. I asked for it to be redrafted and the new wording was tabled yesterday. I hope that that did not inconvenience noble Lords too much, particularly the Minister and his advisers. If accepted, the amendment would ensure that Clauses 1 to 4 extend to the whole of the United Kingdom, not just to England, Wales and Northern Ireland. That is important for the security of us all. If we are to have the protection of designated immigration officers who, if police are momentarily absent at the point of entry, can stop and search and, if need be, detain a suspect for up to three hours until a policeman arrives, we need it at every point of entry throughout the United Kingdom, not just at some entry points. That seems to me patently obvious. This measure may be only an extra failsafe mechanism, but it is important. As your Lordships know, the Scottish Executive have until recently taken the view that at the seven main points of entry in Scotland the police are always present, so this failsafe mechanism is unnecessary north of the Border. However, during the passage of the Bill, it has emerged that, from time to time, as elsewhere in the United Kingdom, the police at these points are briefly absent. In any case, there are a number of vulnerable Scottish entry points beyond the seven already looked at by the Scottish Executive. Despite the fact that immigration is not devolved, but is reserved to Westminster, the Government have decided to leave this matter to the Scots Parliament. Therefore, we come to the need for clarification. On Report, the Minister said: "““We have had no commitment as yet from the Executive to legislate on this area; they are considering whether they need to. Border controls are not devolved, but crime is a devolved matter””.—[Official Report, 9/10/07; col. 161.]" In the light of that statement, the clarification that I want to ask of the Minister is threefold. First, does the Scots Parliament have the power on its own to implement these measures at all? Secondly, in view of the legislative procedure there, if the Executive have the power and succeed in legislating, how long would it take until the whole United Kingdom is protected? The Law Society of Scotland points out that there could be quite a long delay—of some two years—because of that legislative process. Thirdly, what happens if the Scottish Executive have the power but, being a minority Administration, fail in their attempt to legislate? I have given my questions to the noble Lord and I wonder whether he can answer them. In the light of those answers, how do the Government intend to fulfil their responsibility under the Scotland Act to protect the borders of the whole of the United Kingdom? Would it not save everyone a great deal of trouble if the Minister accepted this amendment to the Bill now? I beg to move.