Borders, Citizenship and Immigration Bill [HL]

I am afraid again I must resist this amendment. The UK Border Agency or the border force must have flexibility to respond to the ever-changing challenges of protecting our borders. From time to time, the agency will need to use contractors to support and supplement its own staff. It is only right and proper that where the agency needs to do that, the contractors concerned should be able to use and disclose any customs information in so far as that is necessary for them to fulfil their contractual obligations. Any such contractor will be subject to the provisions in the Bill regulating the use and disclosure of customs information, including Clause 18, which establishes a criminal offence of wrongful disclosure. Existing arrangements between the UK Border Agency and its contractors already include provisions to protect information and regulate the circumstances in which it is used and disclosed. Contractors in breach of these confidential provisions face the appropriate action, which could include dismissal, termination of contract and, of course, prosecution. I regret that I must also resist Amendment 26 because it is unnecessary. Clause 14 applies, and is intended to apply, to the use and disclosure of customs information only. Clause 14(5) is intended to clarify, and the removal of that clarification would be likely to cause confusion as to the type of information to which Clause 14 and the wider provisions in the Bill dealing with the use of disclosure of information apply. It may be that the intention underpinning Amendment 25 is to ensure that Clause 14 and the wider data-related provisions that I have referred to, apply to immigration, asylum and nationality information as well. Such information has never previously been subject to a distinct disclosure regime, but is regulated instead by the provisions and safeguards in the Data Protection Act 1998 and the Human Rights Act 1998, which I have already referred to, and we do not propose any change to that approach now. Even if I have correctly identified the intended purpose of Amendment 25, it does not achieve that purpose in practice. The removal of Clause 14(5) will make no practical difference to the circumstances in which immigration, asylum and nationality information may be used and disclosed. I therefore believe that Amendment 25 is unnecessary. For those reasons, I hope that the noble Baroness feels able to withdraw her amendment.