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Immigration, Asylum and Nationality Act 2006 (Duty to Share Information and Disclosure of Information for Security Purposes) Order 2008

rose to move, That the draft order laid before the House on 10 January be approved. The noble Lord said: My Lords, this order is made under Sections 36(4) and 38(4) of the Immigration, Asylum and Nationality Act 2006. Section 36 of the 2006 Act introduced a requirement for the Secretary of State, in so far as she has functions under the immigration Acts, Her Majesty’s Revenue and Customs and a chief officer of police to share certain passenger, crew, freight, service and other travel-related information where the information is likely to be of use for immigration, police or Revenue and Customs purposes. Section 38 of the 2006 Act introduced a statutory gateway to allow for the disclosure of similar information to the security and intelligence agencies where the information is relevant to their statutory purposes. This order concerns the information that will be shared under these two provisions. For reasons of brevity, I will refer to the border agencies when speaking collectively about the Border and Immigration Agency, UKvisas, the police and Her Majesty’s Revenue and Customs. As Security Minister, I am responsible for a wide range of measures to improve our security arrangements and this order is a key component in our efforts to enhance the security of this country. The increase in global travel brings great social and economic benefit, but it is also placing increasingly heavy demands on our border controls and border agencies. In order to meet these demands, the Government are putting in place the most comprehensive package of institutional and practical immigration reform ever announced, including the establishment of a UK border agency, a unified border force and the e-borders programme. Neither e-borders nor other joint working arrangements between the agencies will be able to function effectively without this order, as their success is dependent on an ability to share, routinely and in volume, data relating to people and freight crossing the border. Data sharing in this form is not permitted under current powers, which require a case-by-case decision on the justification for disclosure. This is a serious obstruction to the work of the agencies. For example, under existing arrangements, examination of travel data independently by each of the border agencies may result in three interceptions against the same individual, rather than one co-ordinated response. Indeed, one agency may have intelligence on an individual who is also of interest to the other border agencies, but the other border agencies, being unaware of this, would not make a request for those data. This does not help the border agencies to carry out their functions effectively and it does not help the traveller. This order seeks to address these and other obstacles to joint working between the border agencies by placing an obligation on them to share the travel-related information specified in the order to the extent that it is likely to be of use for immigration, Revenue and Customs or police purposes. This travel-related information can essentially be broken down into three clear categories: information about a passenger’s or crew member’s travel documents or journey; information held by the border agencies, which relates to a passenger or crew member, or their journey, or a freight movement; and information about or related to freight. In practice, data will primarily be shared via the e-borders programme, whereby information will be pooled in an electronic database to which the border agencies, working in an operations centre, will have shared access. This will mean that passenger carriers will have to supply their passenger data to the Government only once, rather than receiving individual requests from the agencies. The pooling of data in this manner will allow us to develop a better awareness of suspect passengers, travel patterns and networks and to pre-screen passengers and identify those who carry a high risk of involvement in illicit activity. In turn, this will enable us to identify and target individuals who present a threat to the UK and to mount an appropriate, co-ordinated and proportionate response. This will also benefit the genuine traveller, as we will have information immediately available that will help us to make more informed decisions about them more quickly. Our e-borders pilot, Project Semaphore, has demonstrated that this model works. The data collected by and shared between the agencies have led to more than 20,000 alerts being issued. There have been more than 1,600 arrests for crimes, including murder, rape and assault, and the offloading of passengers who would not qualify for entry to the United Kingdom, as well as to the seizure of many false documents, tobacco and drugs. Semaphore has also made a real contribution to the fight against terrorism. We are at the forefront of new passenger analysis systems and techniques, but we are not alone. Such systems are also in use in the USA, Australia and some EU countries and will rapidly become the norm in the developed world. It is clearly important to ensure that data are shared safely and securely. We must also ensure that we act proportionately. I am convinced that these fundamental principles of data protection have been and will continue to be met. First, I can assure your Lordships that this order does not give the border agencies the power to share data without limitation. All the data specified relate to a passenger or consignment of goods coming into or leaving the UK. Information to be shared by the border agencies will have been assessed at the outset as likely to be of use for immigration, police or Revenue and Customs purposes. These purposes are clearly defined in law. It should also be emphasised that this order applies only to sharing between the border agencies and, where appropriate, the security and intelligence agencies. Secondly, stringent safeguards will be in place to protect an individual’s data. In country, information shared between the border agencies will be controlled, monitored and audited through a combination of technical safeguards and operational procedures. Staff will be given access only to information necessary for their role and may be subject to a range of sanctions in the event of misuse of data. Data transmitted to border agency staff overseas—for example, UKvisas—will be transmitted only by secure means across government networks and to government buildings. Thirdly, we will also ensure, as far as possible, that the data being shared are accurate. Data received from the travel industry will be monitored by e-borders, and existing information, such as visa information, will be used to confirm the accuracy of data received. Where appropriate, corrections will be made within e-borders, with feedback provided to carriers where issues of data quality arise. Finally, a code of practice, currently before Parliament, will regulate the sharing of the information specified in this order and lays down stringent data protection and data retention guidelines that the border agencies must adhere to. This code has been developed in close co-operation with the Information Commissioner’s Office. Both the code of practice and the test to be applied in respect of data sharing under these arrangements will be kept under review, to ensure that we maintain the right balance between border security and data protection issues. Indeed, the border agencies have committed to reviewing the safeguards and data requirements in the code six months after its provisions commence, with the involvement of the Information Commissioner. The order forms part of an important package of secondary legislation, comprising orders on both data acquisition and data sharing that will underpin the UK e-borders programme, more effective joint working arrangements between the border agencies and, in future, the UK border agency. It is clear that this package of legislation is essential to the effective management and security of our borders and to ensuring the safety and security of the public. I commend the order to the House and I beg to move. Moved, That the draft order laid before the House on 10 January be approved. 7th Report from the Joint Committee on Statutory Instruments.—(Lord West of Spithead.)