Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

Lord Bourne of Aberystwyth Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, I thank my noble friend for setting out the intention and effect of the order. It seems entirely reasonable. It brings the practice and powers at the French channel ports of Calais and Dunkirk into line with the practice and process at Coquelles and at the Eurostar terminals in Belgium, France and the Netherlands. I support it.

I have some questions to ask my noble friend. Since these powers are exercised outside the United Kingdom’s jurisdiction, although they are provided for by domestic legislation, I assume that express or implied powers for Border Force officers to exercise reasonable force extraterritorially in France are contained in the provisions of the Le Touquet treaty, which my noble friend referred to. This seems highly probable, but it will be good to hear my noble friend confirm it.

Secondly, not only do we have border controls in France, but France exercises controls at the port of Dover. Do the French authorities exercise similar powers to those that we exercise in France?

Thirdly, what discussions do we have with the French authorities about these matters, both specifically on these recent issues and more generally on an ongoing basis about border controls in Calais, Dover, Dunkirk and indeed at the Eurostar terminals and at Coquelles?

The Explanatory Memorandum to the order is explicit that when the border controls were first deployed at these sea ports in 2003 the immigration powers were considered,

“sufficient to effectively administer immigration controls at these locations.”

What has changed is clearly the escalation of attempts to enter the United Kingdom illegally. I understand that—I am sure that we all do—but I would be grateful if my noble friend could update the House on the current position at Calais, Dunkirk and the surrounding area. Obviously, there is real concern in your Lordships’ House on a humanitarian level, not least because of the pandemic. Could my noble friend therefore give the House an assessment of the current position and of the longer-term outlook? I appreciate that it is bound to be a changing position and perhaps fairly volatile, but it would be good to hear how the position is at the moment.

Subject to these concerns, I strongly support what seems a very sensible provision.