Borders, Citizenship and Immigration Bill [HL]

I do not have that information at my fingertips. Perhaps I may await advice from the Box and then come back to the noble Baroness on those points. I am not absolutely clear on the specifics. Clause 30 deals with the accounting of revenue collected by the UK Border Agency and Clause 31 provides the flexibility to meet any future changes in the revenue accounting arrangements set out in Clause 30. Clause 30 requires the Director of Border Revenue and the Secretary of State to pay any money received by way of revenue to Her Majesty’s Revenue and Customs in accordance with Treasury directions. The term ““revenue”” is defined for the purposes of Clause 30 to include all duties and taxes, penalties and the proceeds of forfeitures. This will include duties and taxes collected from passengers in the red channel and on goods imported in the post. The current intention is that these moneys will be paid directly into Her Majesty’s Revenue and Customs existing bank accounts. The revenue collected is not available to the new border force to fund its operations and Her Majesty’s Revenue and Customs will be responsible for the payment of receipts into the Consolidated Fund, together with its other revenue receipts. Clause 31 provides flexibility for future changes in the revenue accounting arrangements set out in Clause 30. Clause 32 amends Section 21 of the UK Borders Act so that it applies to the UK Border Agency and to those persons who have principal responsibility for exercising customs functions at the border. Clause 33 provides an order-making power for the Secretary of State to modify enactments. This provision will ensure that current and future legislation which is relevant to and necessary for the exercise of customs functions by the UK Border Agency is applied as appropriate. Specifically, the provisions will enable the Secretary of State, subject to consultation with the commissioners, in certain prescribed circumstances to modify and apply legislation to the relevant persons specified in the clause or to the exercise of functions by those persons. For example, the order may be used to apply legislation currently applicable to the Commissioners for Revenue and Customs and their officers to the Secretary of State, the Director of Border Revenue, designated customs officials, immigration officers or other officials of the Secretary of State. Although Part 1 of the Bill provides for references in certain enactments to the commissioners and their officers to be construed, where appropriate, to include references to the Secretary of State and her officials or the Director of Border Revenue, these provisions cannot be used to modify the content of relevant enactments. Accordingly, Clause 33 is necessary to ensure that legislation currently applying to Her Majesty’s Revenue and Customs will in future apply, with any necessary and appropriate modifications, to the Secretary of State and her officials or the Director of Border Revenue. Clause 33 will also ensure that any terms in enactments, such as references to the offices of Her Majesty’s Revenue and Customs or to particular staff grades within that department, are applied appropriately to the Secretary of State and her officials or the Director of Border Revenue. Lastly, Clause 33 requires the Secretary of State to consult the commissioners before making an order under the clause which makes provision in relation to a customs matter, whether general customs or customs revenue, or in relation to the exercise of a customs functions. As the order may amend primary legislation, it will be subject to the affirmative resolution procedure to ensure the appropriate level of parliamentary scrutiny. Clause 34 provides for incidental, supplementary, consequential, transitional or transitory provision to be made by order. Such provision may be made where considered appropriate for the purposes of Part 1, or in consequence of that, or to give full effect to any provision made by or under that part. It is not possible to anticipate all of the areas in which such provision might be required, either now or in the future. This clause will provide the necessary flexibility to ensure that Part 1 of the Bill delivers all that it is intended to achieve and to respond to future developments in other areas which impact on the border force. This clause sets out the scope of the order-making power, and establishes that where the order amends or repeals primary legislation, it will be subject to the affirmative resolution procedure. Otherwise, as the order may deal only with incidental, supplementary, consequential, transitional or transitory matters, the negative resolution procedure will provide the appropriate level of parliamentary scrutiny. Clause 35 makes further provision about subordinate legislation made under Part 1 of the Bill. It provides that, with one exception, the orders and regulations made under Part 1 of the Bill must be made be made by statutory instrument and establishes the scope of such instruments. This provision also establishes the parliamentary procedures to which orders and regulations, made under Part 1, are subject. The clause makes clear that orders made under Clause 29, relating to the assign to the function of the Director of Revenue and Customs Prosecutions, are not made by statutory instrument and follow no parliamentary procedure. This approach is consistent with similar order-making powers already available to the Attorney-General, such as that found in Section 35 of the Commissioners for Revenue and Customs Act 2005, relating to customs prosecution, and Section 3(2)(g) of the Prosecution of Offences Act 1985, in relation to the assignment of functions to the Director of Public Prosecutions. Clause 36 provides interpretation of the terminology used in Part 1. I am afraid that it was rather a long slog going through all of those provisions, but I hope that was useful, because I know that I will be answering some specific questions later. I hope it was of value; I think it was important. The amendments would not make our nation and people safer. Indeed, the turmoil caused would actually make our country less safe, while the detailed work that is already underway and happening is making us safer. I hope that the noble Lord and noble Baroness will feel able to withdraw their amendments.