Borders, Citizenship and Immigration Bill [HL]

If any of the rules in Clause 16 on exceptions is broken and the information is then given to anyone else, that breaks the rule and therefore the person will be liable to—I forget exactly the penalties—something like a period of up to two years’ imprisonment or an unlimited fine. It is not just the people at the border who can be hammered for that but those further up the chain who may get hold of the information, who would face the same penalty. That is partly to enforce how securely we want that information to be kept. Clause 19 puts it beyond doubt that nothing in Clauses 14 to 17 authorises the making of a disclosure that contravenes the provisions of the Data Protection Act 1998 or as prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000. Clause 19 serves three important purposes. First, it ensures that the Freedom of Information Act cannot be used to obtain confidential taxpayer information. Secondly, it provides that none of the exceptions to the duties of confidentiality created by this Bill will override the protections afforded to personal information in other legislation, including the Data Protection Act. Thirdly, it secures equality of treatment of personal customs information under the Freedom of Information Act, no mater where it is held by HM Government. As a digression, I agree with the noble Baroness, Lady Hanham, that sometimes the references to these other Acts are difficult to follow. I have spoken to my team and in future we will try to produce something that has a composite. I understand how difficult it is for others to follow this; it is sometimes difficult for me as well. I will try to ensure that we do better in future. Sections 40, 41 and 42 of the UK Borders Act 2007 set out the confidentiality framework applied to the use and disclosure of information that is provided by HM Revenue and Customs and the Revenue and Customs Prosecutions Office. Clause 20 introduces two new sections, Sections 41A and 41B, for insertion after Section 41 of the UK Borders Act 2007. Her Majesty’s Revenue and Customs already shares customs information with the Secretary of State for her immigration purposes. Section 41A permits disclosure of customs information to those responsible for the discharge of customs functions by the UK Border Agency or any person acting on its behalf with information for use in discharge of customs functions exercisable by the recipient. In particular, this will enable those staff who currently work for HM Revenue and Customs and who will soon transfer to the UK Border Agency to continue to receive relevant information for the discharge of their customs functions. Section 41B, meanwhile, sets out the specific circumstances in which those who receive customs information supplied under new Section 41A may themselves disclose it to a third party. Wrongful disclosure of such information to a third party will be subject to the criminal sanction prescribed in Section 42 of the UK Borders Act 2007. Clause 21 amends Section 36 of the Immigration, Asylum and Nationality Act, which imposes a duty to share information relating to persons or goods crossing the frontier between the police, HM Revenue and Customs and the Secretary of State. The amendment effected by this clause ensures that the duty under Section 36 reflects the fact that the UK Border Agency will in future exercise customs functions. Information is, of course, an essential tool in support of law enforcement and national security. It is also key to the agency being able to secure the optimum deployment of its resources across all its functions—noble Lords have referred to those difficulties, such as small ports and other areas—helping it to deliver real business benefits. We are seeing already what can be achieved. Clause 22 provides that the Secretary of State may by order apply any provision of the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland) Order 1989 that relates to the investigation of offences or the detention of persons by police officers to investigations conducted or persons detained by designated customs officials or immigration officers. Clause 25 provides for the sharing of facilities and services between Her Majesty’s Revenue and Customs and the UK Border Agency. In future, the principal responsibility for the exercise of customs and revenue functions at the border will rest with the new border force rather than with HM Revenue and Customs, and a number of HM Revenue and Customs staff will also transfer to that force. Accordingly, specific provision is needed to facilitate the transfer to the Home Office of the rights, powers, duties and liabilities under the contracts that Her Majesty’s Revenue and Customs currently has with those staff due to transfer. Clause 26 amends Section 48 of the UK Borders Act 2007, which established the office of the Chief Inspector of the Border and Immigration Agency, the forerunner of the UK Border Agency, and Clause 27 gives the Secretary of State power to make regulations to confer functions on Her Majesty’s Inspectorate of Constabulary, the Scottish inspectors and the Northern Ireland inspectors in relation to those with responsibility for the exercise of immigration and customs functions by the UK Border Agency. Section 41 of the Police and Justice Act 2006 provides the Secretary of State with a power to make regulations conferring functions on the Independent Police Complaints Commission in relation to the exercise by immigration officers and officials of the Secretary of State of specified immigration and asylum enforcement functions. Clause 28 enables the Secretary of State to further extend the functions of the IPCC to inspect in the future any contractual services provided in relation to the discharge of those enforcement functions. The chief inspector provides an external review, independent of the UK Border Agency. Currently, that remit applies to immigration, asylum and nationality functions only. Clause 26 will allow the chief inspector to look at the full range of functions exercised by the new border force. This clause also specifies those functions that the chief inspector shall monitor and report on only if directed to do so by the Secretary of State. Allowing HM Chief Inspector of Prisons, HM Inspector of Constabulary, the Scottish inspectors and the Northern Ireland inspectors to continue to have oversight of removal centres, short-term holding facilities and detention facilities will ensure inspection by inspectors with the right experience and expertise. I will deal with other provisions covered in Clauses 29 to 32 as a group, despite their variety. Clause 29 enables the Attorney-General, if she considers it appropriate, to assign functions by order to the Director of Revenue and Customs Prosecutions to institute or assume the conduct of criminal proceedings in England and Wales, or to provide legal advice relating to a criminal investigation of a kind specified in the order by a person to whom this clause applies.