Immigration (Supply of Information to the Secretary of State for Immigration Purposes) Order 2008

rose to move, That the Grand Committee do report to the House that it has considered the Immigration (Supply of Information to the Secretary of State for Immigration Purposes) Order 2008. The noble Lord said: My Lords, Section 20 of the Immigration and Asylum Act 1999 created a statutory gateway that enables the police, the Serious Organised Crime Agency and those accommodating UK Border Agency-supported asylum seekers to supply information to the Home Office for specified immigration purposes. Section 20 also provides an enabling power, subject to close scrutiny in this House and in the other place, to extend this list of bodies and the circumstances in which information may be shared. Today, to improve further the sharing of information between government departments and the UK Border Agency, we are seeking to include the Secretary of State for Transport in respect of the Driver and Vehicle Licensing Agency and the Maritime and Coastguard Agency, the Secretary of State for Work and Pensions in respect of social security information, and the chief constable of the British Transport Police in this gateway. The order provides that certain information held by these departments and organisations may be supplied to the Secretary of State for the Home Department for use for immigration purposes as defined in Section 20(3) of the Act. It also extends the definition of immigration purposes to cover two additional UK Border Agency functions in relation to individuals in receipt of asylum support under Section 4 of the 1999 Act and those individuals who may have civil penalties imposed under Section 15 of the Immigration, Asylum and Nationality Act 2006. There are currently no statutory powers for the Department for Work and Pensions, the Driver and Vehicle Licensing Agency, the Maritime and Coastguard Agency or the British Transport Police to supply information held in pursuance of their functions to the UK Border Agency for use for immigration purposes. These departments currently rely on common-law powers to share such information with the UK Border Agency to exercise immigration functions and to investigate criminal activity. It is right that staff working in government departments should be clear as to the limits of their administrative powers under the law and the extent to which information-sharing with other departments is permitted. Given the increasing importance of information that these bodies supply for immigration functions and the increase in the volume of information the UK Border Agency requires, including via electronic format, we felt it prudent and timely to make an order setting out a clear legislative basis for the supply of this information. This information will be used by the UK Border Agency to locate and remove immigration offenders, ensure compliance with existing immigration laws, including the checking of applications under the new points-based system, and prevent abuse of the asylum support benefit system. The UK Border Agency is forging closer partnerships with the Driver and Vehicle Licensing Agency and the Department for Work and Pensions as part of its enforcement strategy Enforcing the Deal, which my right honourable friend the Home Secretary published on 19 June. The order is crucial to enabling this work to proceed. It will allow the UK Border Agency to carry out more effective checks with the Department for Work and Pensions when applying the Immigration Rules that set down the criteria for entry and stay in this country. When a person is subject to a requirement that they do not claim benefits as a condition of entering and remaining here, the UK Border Agency will be able to check with the Department for Work and Pensions whether they have been truthful in their application. The order will also enable us to take forward the review of migrants’ access to UK driving licences. Driving licences are used for many purposes, including demonstrating identity and address for the purpose of accessing many other services. As such, they can be prized for that purpose by illegal migrants wishing to live here unlawfully. We want to work with the Department for Transport and the Driver and Vehicle Licensing Agency to see how we can tighten up further the already stringent checks carried out on applicants by the Driver and Vehicle Licensing Agency. That includes strengthening the Driver Vehicle Licensing Agency’s legal power to share data with the UK Border Agency. The Maritime and Coastguard Agency and the British Transport Police are included for law enforcement purposes. It is important to note that the power to supply information under Section 20 simply provides a statutory gateway under which information may be shared. The new power does not abrogate the need to comply with the important safeguards in the Data Protection Act 1998 and the Human Rights Act 1998. The Government take the protection of personal information very seriously. The departments involved have all reviewed the handling of personal data and implemented enhanced procedures following publication of the Cabinet Office interim report on the data-handling review in December 2007. They have continued to make improvements and are committed to implementing the Cabinet Office mandatory requirements, which were published in March and are referenced in the final report. A number of initiatives have already been put in place to protect personal data within the Home Office, including the appointment of a senior information risk owner, and the issuing of new guidelines on taking information out of secure areas, including restricting the use of non-encrypted laptops and removable media. Any information shared under this new power and under existing powers will be shared securely in line with the recommendations of the Cabinet Office review. That is what the order seeks to achieve and I commend it to the Committee. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Immigration (Supply of Information to the Secretary of State for Immigration Purposes) Order 2008. 24th Report from the Joint Committee on Statutory Instruments.—(Lord West of Spithead.)