Borders, Citizenship and Immigration Bill [HL]

The effect of Amendment 30 would be to place a duty on the Secretary of State to make an order applying provisions of the Police and Criminal Evidence Act 1984 and the equivalent instrument in Northern Ireland to investigations conducted by designated customs officials and immigration officers and to persons detained by those officials or officers. As I mentioned in discussing Amendment 32, we will make an order under Clause 22 to replace the Immigration (PACE Codes of Practice) Direction 2000 and the Immigration (PACE Codes of Practice No. 2 and Amendment) Direction 2000, made under Section 145 of the Immigration and Asylum Act 1999. In doing so, we will also seek to bring together in one place the PACE powers and safeguards to be applied in relation to the UK border force and its immigration functions. We believe that the approach in Clause 22 is the right one, mirroring as it does the construction of similar enabling provisions within PACE itself—for example, within Sections 114 and 114A—and that Amendment 30 is therefore unnecessary. It is also proposed that the scope of the order that may be made under Clause 22 should be extended to cover contractors providing services relating to investigations conducted or persons detained by immigration officers and designated customs officials. There is an important distinction between the nature of the services provided by contractors and the exercise by immigration officers and designated customs officials of their functions and powers related to criminal investigations. Contractors are not charged with the duty of investigating offences, nor do they have the legislative responsibility of custody officers. The responsibility for those matters will lie instead with the designated customs official or immigration officer in charge of the relevant investigation or detention, as the case may be. Accordingly, the responsibility for ensuring that any services ancillary to the investigation or detention that a private contractor will supply will, and should, rest with the customs official or immigration officer concerned and not with the contractor. We do not agree, therefore, that this amendment is necessary or appropriate. Most people detained by immigration officers are held in connection with administrative immigration processes rather than as part of any criminal investigation, and it would not be appropriate to apply the provisions of PACE or PACE Northern Ireland to those administrative processes or to any persons detained in connection with them, nor is it intended that any order made in due course under Clause 22 of the Bill should alter that position. Arrangements are also made under Section 40 of the Immigration, Asylum and Nationality Act for the Secretary of State to authorise contractors to search ships, aircraft, vehicles and so on for the person subject to control by an immigration officer. Arrangements under Section 40 must include provision for the appointment of a Crown servant to monitor the exercise of the powers, inspect the exercise of the powers and investigate and report to the Secretary of State about any allegation made in respect of an authorised contractor. We consider that it is right to distinguish the limited operations of those authorised by the Secretary of State to search under Sections 40 and 41 of the Immigration, Asylum and Nationality Act from the activities of immigration officers who arrest individuals as part of their enforcement functions under their administrative and criminal powers. In respect of customs functions, where contractors are used to provide services relating to custody or escort functions, the PACE codes make clear that the custody officer remains responsible for making sure that the procedures and tasks are carried out correctly and in accordance with those codes of practice. The lines of accountability are clear and remain with the law enforcement officer. In addition, many police forces already contract out these functions without any need for legislation, as does HRMC, at the Colnbrook centre, near Heathrow. In the light of this explanation, I hope that the noble Lord will feel able to withdraw his amendment.