UK Borders Bill

My Lords, I do not know what other noble Lords think but to my mind the Minister’s replies have to some extent muddied the waters. The previous Lord Advocate, who has just spoken, said one or two things which, I am sure, from his deep experience and skill as a lawyer, have clarified some points. I found it difficult to follow them and shall not try to respond to them. The Government seem convinced that the Bill will extend to Scotland some functions of immigration officers that apply to criminal justice but not to immigration. That is difficult to understand. They are trying to enable these immigration officers to hold things up until the police come, to help frustrate someone who is trying to immigrate and should not. I take it that the Government have taken advice on that and are convinced. I just hope that they will continue to be convinced and that we shall not have, as someone said earlier, challenges to the law on this point. It is very difficult for a lay person to see that what the Government are saying is so, but one must accept that they have taken good legal advice and that it is correct. The Minister did not give much encouragement on the length of time that the Scottish Parliament will take to plug the gap in the arrangements. He says that its programme is tight, and I am sure that it is. I expect that it has a fast-track system and that, if it does, it will be required to use it. I think it was the noble Lord, Lord Avebury, who said that half the United Kingdom is vulnerable if Scotland does not legislate quickly on the point. He is probably right: Scotland’s population is not half of the United Kingdom population but its coastline must constitute, if anything, more than half. The vulnerability must be very great before Scotland has legislated. We have discussed this fully and given the Government every opportunity to see the problems. The Minister has been no more responsive to the questions on this matter than he has on many others. I hope that when the Home Secretary reads the debates on the Bill, particularly at this stage, she will look at what was said by the most reverend Primate the Archbishop of York and the right reverend Prelate the Bishop of Winchester. They were very critical, but very politely, about the Home Office in relation to the Bill. I hope that the Home Secretary will read that with care. I do not blame the Minster here for not giving in; he has no power to do so and is told what to do by those at the other end of the building. However, we are rather shocked at the way in which the legislation is being dealt with, particularly as it affects vulnerable people. I thank everybody who has spoken in the short debate on this amendment. I hope that the Government will not rue the day when they see the result of leaving things to the mercy of the Scots Parliament. I do not understand the argument that gives the Scots Parliament the power, but I hope that it is correct and that the Parliament will get on with it quickly. I am informed that it is now understood in Scotland what the Bill is about and that something has to be done. It is the whole of the United Kingdom’s safety that we are talking about, not just Scotland. It is with the greatest reluctance that I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.