Borders, Citizenship and Immigration Bill [HL]

I do not think that I can off the top of my head. Clearly, there is confusion. If I may, I would like to think about how we might clarify that. It is not in anyone’s interest to have confusion on this. The distinction between the customs functions that the Secretary of State may exercise and those vested in the Director of Border Revenue are extremely important. Therefore we must make sure that they are clear in everyone’s mind. Perhaps we have not done that sufficiently well. Therefore, I will take that away to look at it to ensure that it is clear. We try to use the description ““customs revenue matters”” in relation to the way in which the Director of Border Revenue may exercise functions concurrently with the commissioners. ““General customs matters”” is the term coined for non-customs revenue matters in relation to which the Secretary of State exercises functions. It is important that those two functions are separated to ensure which provisions are relevant and applicable to each set. The term ““general customs matters”” does not mean that the Secretary of State will be able to exercise all of the non-revenue functions of the commissioners for revenue and customs. He will not be able to exercise all of them. In addition to excluding revenue matters from the definition of ““general customs matters””, we have also tried to be careful to exclude other non-revenue functions of the commissioners, which the Secretary of State will have no need to exercise, such as, as mentioned by the noble Lord, regulation of money and service businesses, which impinges on money laundering and the like. I hope that that will clarify the position for the noble Baroness and show the importance of having those distinctions clear in our mind. On that basis, I hope she will be content to withdraw her amendment. The noble Lord, Lord Avebury, asked about provisions relating to customs offences applying to immigration. I understand his nervousness; indeed, I would like to take this opportunity to say that Part 1 is aimed at having a stronger border force and making the nation safer. There is no intention to criminalise immigrants or immigration, and we are not trying to relate counterterrorism provisions to immigration either. The provisions relating to customs offences will continue to apply only to customs matters and not to immigration. The powers may be used by designated customs officials in the border force in respect of those particular customs offences, so there is a division—they will not be used for other matters. Officers have to be very clear about whether they are exercising customs or immigration powers—it is part of their training. They cannot use customs powers for immigration purposes, or vice versa.