Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020

Lord Purvis of Tweed Excerpts

Friday 10th July 2020 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, I think the whole House agreed with the Minister when she said in her opening remarks that the country is facing a sustained threat of hostile activity from states. I want to ask two questions about the practicalities of enforcing some elements of the guidance which have been referred to by other noble Lords. One question refers to what I will term “intelligence ports of entry”, as regards us knowing the likelihood of people who are presenting themselves as hostile to the UK when they come to the UK. My other question is about physical ports of entry and the capabilities that we will have at them after 1 January 2021.

With regard to intelligence ports of entry, throughout the guidance and the legislation is the assumption that we will use intelligence-led security information from our officers at the ports of entry. I want to ask a question that the former Prime Minister asked the current Prime Minister on 3 June. She asked whether,

“the UK will have access to the quantity and quality of data that it currently has through Prüm, passenger name records, the European Criminal Records Information System and SIS—Schengen Information System—II, none of which, I believe, should require the European Court of Justice jurisdiction in the UK?”—[Official Report, Commons 3/6/20; col. 846.]

The Prime Minister was not able to give that reassurance. Given that no-deal planning and contingency arrangements have been dropped because of the Government’s assumption that we would have a security treaty with the European Union, what mechanisms will be in place to ensure that we can still rely on that data and that these officers can use that intelligence when people come to the UK?

My second question relates to paragraph 6 of the Schedule 3 guidance with regard to the examination of goods. The International Trade Secretary, Liz Truss, wrote to the Chancellor and the Minister for the Cabinet Office, Michael Gove, that a failure to make sure that all ports are ready to carry out the full range of checks from 1 January next year will mean that we are vulnerable not only to smugglers but to those with hostile interest. We already know that there has been a deferral of six months for full security checks at our ports of entry. Can the Minister assure us that there will not be a delay in these crucial elements at our ports?