UK Borders Bill

That is the point, my Lords; there may be many reasons for a detention. I would quite like to proceed through answering the questions. I want to address the fact that during our previous discussions the provisions in Clauses 1 to 4 were viewed by some as being a proxy in some way for the unified border force. They are not. Decisions on the shape and scope of the unified border force will be taken only once the Cabinet Secretary’s report is completed. The future roles of the police, Her Majesty’s Revenue and Customs, the Border and Immigration Agency and other agencies—and their position within the unified border force, or in relation to it—will be addressed in that report, along with any considerations about changes to legislation. I will explain why we do not agree with the noble Baroness, Lady Carnegy, that the amendment is necessary or appropriate. Although immigration is a reserved matter, the detention at ports power will be used by designated immigration officers at ports to allow for the detention of people pending the arrival of a constable. I stress again that this is not about border controls; immigration officers in Scotland will continue to have the full range of powers under immigration and, importantly, terrorism legislation. Furthermore, these clauses do not concern the power of immigration officers to arrest individuals for immigration offences, or to arrest a person whom they have reasonably suspected of assaulting an immigration officer. All those powers apply in Scotland as they do in England and Wales. These powers are not for the reserved purposes of immigration or terrorism, but for the purpose of assisting the police for general policing. In Scotland that is a devolved matter. The rationale is that the border is a convenient pinch point for identifying those who may be liable to arrest. This power will assist the police in delivering that objective and will most likely impact on British citizens and EEA nationals as we increasingly merge police databases with immigration watch-lists under our e-borders programme. As noble Lords will know, responsibility for policing is devolved to Scotland. It is for the Scottish Executive and the Scottish Parliament, not the UK Parliament, to determine the level and type of policing in Scotland and how best to use resources, including whether to enlist the assistance of immigration officers in this way. On the introduction of this Bill, and following discussions with the Association of Chief Police Officers in Scotland, the previous Scottish Administration concluded that an alternative non-legislative approach was sufficient to deal with people liable to arrest. That involves the routine deployment of police officers at Scottish ports to deal with those identified as liable for arrest for non-immigration purposes. I understand that the new Scottish Administration have given a commitment to review, in consultation with ACPOS and the Border and Immigration Agency, whether the support of immigration officers is necessary in Scotland and, if so, how any legislative solution should be taken forward. That is the Scottish Administration’s commitment to review.