My Lords, Clause. 14 and Schedule 2 are included to ensure that we have the necessary broader powers to tackle and prevent illegal migration. I am going to address head-on the questions posed by the noble Lord, Lord German, as to the purpose of these provisions.
These powers enable immigration officers to search for and seize electronic devices, such as mobile phones, provided certain conditions are met. They allow for such devices to be retained for as long as necessary. They also allow for the information stored on them to be accessed and examined, and for any relevant information to be copied, retained and used for any purpose relating to a function of the Home Secretary in relation to immigration, asylum, nationality or a function of an immigration officer.
The noble Lord, Lord German, suggested that this is a confiscation power; that is not the case. Mobile phones and other electronic devices contain a wealth of information which can directly or indirectly facilitate the confirmation of a person’s identity and an understanding of their activities. They can therefore assist in determining a person’s immigration status or right to be in the UK, as well as in developing a better understanding more broadly of the wider illegal migration picture, providing evidence which can be used in criminal prosecutions of the people smugglers.
We all know that mobile telephones contain a wealth of data relating not just to the owner of the phone but to where that phone has been and who they have been with—all of which can be used to build up an intelligence picture which can facilitate criminal prosecutions. While a number of powers enabling immigration officers to seize electronic devices already exist, these new powers
seek to address the gaps in the current powers and provide immigration officers with additional tools—vital, I suggest, to investigate, disrupt and prevent the dangerous crossings of the channel and other dangerous forms of illegal migration.
3.15 am
Amendment 79B, put forward by the noble Baroness, Lady Hamwee, would have the effect that electronic devices cannot be retained
“unless the immigration officer makes arrangements for the relevant person to record the contact details of such persons as they request and enables the person to make contact with such persons for the primary purpose of informing them of the person’s whereabouts”.
I thank the noble Baroness for this amendment, which raises an important issue. Given that these are new powers, I reassure her that associated guidance will be developed to underpin their use. This guidance will consider how access will be provided to an individual’s information, including the contact details stored on the device.