Skip to main content

Proceeding contribution from Lord Avebury (Liberal Democrat) in the House of Lords on Wednesday, 25 February 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Borders, Citizenship and Immigration Bill [HL].


Borders, Citizenship and Immigration Bill [HL]

As I understand it, this amendment repeats the powers of detention that UKBA officials already have under the UK Borders Act 2007 to detain a person for as long as is reasonably necessary while a search is being carried out. HMRC officials already have this power and they can detain a person who does not agree to a search and can make an arrest if necessary. Designated UKBA officials will inherit these powers, as it were. However, the differences between their powers of arrest and search when acting in their two different capacities may well cause problems. I can see the argument for aligning the powers between the two roles and I would like to know why there is a need for designated immigration officers to act under different statutory provisions regarding detention and search according to whether they are acting in one role or the other. Will it always be clear to both the designated immigration officer and the individual being searched or detained under which set of powers they are operating? Will the person who is effecting the detention serve notice on the individual to be detained or searched under which set of powers he is acting?


Secondary information

Type
Proceeding contribution
Reference
708 c286 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Complaints Disclosure of information Conditions of employment Data protection Databases Codes of practice Crime prevention Asylum Detainees Arrests Cooperation Devolution Body searches Customs officers Customs Cybercrime Citizenship Borders Cross border cooperation Association of Chief Police Officers Finance Evidence ICT Inspections Immigration Undocumented migrants Human trafficking Excise duties Functions Languages Immigration officers Independent Police Complaints Commission Misconduct Private sector Personal records Northern Ireland Police Powers Public appointments Standards Training Smuggling Revenue and Customs Detention centres UK Border Agency Independent Chief Inspector of the UK Border Agency
Legislation
Borders, Citizenship and Immigration Bill (HL) 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk