Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024

Lord German Excerpts

Tuesday 22nd October 2024 Grand Committee

I suggest to the Committee, and I hope noble Lords will agree, that it is in both the UK’s and France’s interests that any disruption in Dover caused by potential implementation downstream of the EES is minimised, and the Government consider this order to be a reasonable and proportionate way in which to achieve that aim. I commend it to the Committee.

[Lord German (LD)]

On first sight, this would appear to be straightforward legislation and would obviously merit support. But, on closer reading and on listening to the Minister, there are three areas of interest that I would like to question him about. One of them has come about as a result of his introduction, so we can clarify that in a moment.

My first set of questions surround the issue of juxtaposition in Calais. We as a country are going to introduce our own entry system. I hesitate to ask when it is likely to be brought in but, in a similar manner that the one for the Schengen area has been slightly delayed, I suspect that we may not be very far apart in what the two countries are doing. The first question is: is an equal juxtaposition going to occur in Calais and will that be only at the ferry terminal? The other question is: is there anywhere else in the United Kingdom where there is a juxtaposition? There are clear examples of working at both ends of a ferry terminal. I can tell noble Lords of my personal experience of Ouistreham. The French inspected all the vehicles, including my own, and then, when we got to Portsmouth, the British inspected the same vehicles for the same purpose. There was obviously wasted energy there because one inspection would have done on behalf of both within the secure zones. Is the ferry terminal the only place where there is juxtaposition? If there are others, will there be an equivalent need for this legislation? Perhaps in answering that query, the noble Lord may say when the British are going to have their own scheme and whether they are likely to happen fairly close together in time for their introduction? We will need a similar facility at Calais.

My second concern relates to the circulation area. Having read the legislation and the Explanatory Memorandum closely, it would appear to me that the circulation area is a link between the facilities at both ends, the western docks and the eastern docks. Anybody who has been to Dover will know that the connection between those docks is either a road, an esplanade with beautiful gardens and a walking facility and bicycle path alongside, or a beach.

I presume that the intention, although it is not mentioned in the information, is that the PAF officers will move between the two by vehicle. If that is not the case—the Minister indicated that there would be a map—I hesitate to think that we would have armed French officials walking along the beach together with tourists who would be using the same facility. I therefore presume it must be by vehicle, but if it is not, I cannot understand how that connection could take place without some other form of assistance. That question has to be answered, because if we are calling it a circulation area, something must be done about the road, the bike path, the esplanade or the beach to designate it. Perhaps the Minister might tell Sue, who has a seafood operation on that esplanade, which is well used.

My third set of questions relates to the separation between the eastern and western docks. As I understand it, the Minister said that all coach transport will first call at the western docks, where people will be asked to get off and go through the required inspection checks, then people will get back on the coach and it will proceed along the esplanade to the eastern docks. Part of the problem is that, as those of us who have used this route know, if you come via Canterbury, the entrance to the eastern docks is via a dual carriageway which comes down into them. That means that coaches using that route would have to travel along the seafront to the western docks, be processed, turn around and come back again. Even without the entry system, much traffic builds up along that route along the seafront in Dover to the eastern docks, so there must be traffic implications somewhere in this.

Nowhere in the documentation before us does it mention that this is for coaches only, so presumably this legislation can be used for any passenger in any vehicle travelling to France on the Dover/Calais route. Since the legislation does not exclude cars, minibuses or foot passengers, there is nothing to say that that cannot be achieved. It would make more sense to use it just for coach travel, even though that will have some implications for local roads. However, since it is not mentioned in the legislation, this legislation could be used for foot and car passengers, which would be a nightmare. Whatever route you are taking into Dover, having to travel back and forth across the area would create an incredible build-up of traffic and passengers on that stretch of road.

Once people have been through the initial Schengen checks, they will carry with them some form of statement, agreement or whatever, or they can simply turn up at the eastern docks and say, “I have already got the biometric Schengen agreement”. That means that some people will be allowed entry into the eastern docks on their own and some people, perhaps even two of them sharing a car, will have to zigzag back and forward if one has and one has not. The legislation is not clear about precisely what will happen when people have the Schengen documentation available and what happens if they are in a mixed vehicle when one might have it and one might not.

This all predisposes that the legislation does not talk just about coaches. If it is to be coaches, I suggest that it should be amended to be clear that this does not apply to every passenger going through Dover.

[Lord Sharpe of Epsom (Con)]

My Lords, we welcome this order. I will be brief. I thank the Minister for his detailed explanation of the regulations, which was helpful. Perhaps I can help him by reassuring the noble Lord, Lord German, that, when I was in the Home Office, the rollout of the ETAs to which he referred was very much on track and was highly efficient—I am sure it still is.

My party does not have quite the same forensic interest in the geography of Dover as the noble Lord, Lord German, and it is content that the regulations will deliver what is expected of them. But I do have a couple of brief questions. According to the Explanatory Notes to the regulations, no impact assessment has been undertaken. Is there a particular reason for that, or a perfectly innocent explanation? As the noble Lord, Lord Coaker, is in the Room, I should say that I am asking this mostly because he used to ask me for impact assessments regularly when I was standing in his place.

I appreciate the detailed description of the powers of the PAF officers, but I did not hear the circumstances in which the use of firearms would be permitted. What are the restrictions, if any, on those officers? It may be that I just did not hear that.

Are arrangements in place to allow the employees of other foreign agencies to carry firearms when working in the United Kingdom? More generally, is this a reserved or a devolved matter?

--- Later in debate ---

[Lord German (LD)]

Does the Minister have a date for the introduction of the UK ETA scheme? The noble Lord, Lord Sharpe, told us that it was going along admirably.

[Lord Hanson of Flint (Lab)]

The noble Lord, Lord German, asks an interesting and pertinent question. The noble Lord, Lord Sharpe, indicated that, under his administration, it was moving along swimmingly. Let me tell the noble Lord, Lord German, that it still is. I will leave it at that.

I shall answer a couple of the points mentioned by the noble Lord, Lord Sharpe. First, he rightly asked—again, my noble friend Lord Coaker has asked this question many times—what the economic impact will be. I can tell the noble Lord—I hope that this also reassures my noble friend—that the estimated cost of this is minimal: around £3,052 over a 10-year appraisal period. It was therefore well short of any threshold that required a full impact assessment; in fact, any impact assessment would have cost more than its results. So that impact assessment has not happened, but I hope the noble Lord understands why that was the case.

The noble Lord, Lord Sharpe, also asked why and how PAF officers would potentially need to use their service weapons in the UK if they were carrying out immigration checks only. I need not remind the Committee, I hope, that any individual at any time can be a danger to those checking border paperwork and looking at issues to do with the regulation of this area. We do not know at any particular time who is going to be there and what threat they may pose. It is a requirement for the French authorities that they carry weapons accordingly, but I assure the noble Lord that that will be regulated by French national legislation in accordance with their normal working practices. PAF officers are required to carry service weapons; they do so while carrying out their work at the juxtaposed controls in the UK, but they do so under the same strict regulation that we discussed earlier in the Chamber in relation to firearm control. I hope that that reassures the noble Lord.

With those comments, I again commend this order to the Committee.