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

Lord Rosser Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Lord Rosser (Lab) [V]]

The Nationality, Immigration and Asylum Act 2002 permits the making of an order to provide for a law of England and Wales to have effect at a juxtaposed control at an EEA port. At present, the juxtaposed control locations governed by such an order in 2003 are at the ports of Calais and Dunkirk in France and, for the French authorities, at Dover.

Unlike their counterparts at UK ports and other juxtaposed locations, Border Force officers working at the northern French seaports have not been explicitly empowered under domestic law to use reasonable force if necessary to carry out their duties when dealing with serious breaches of security at the port, including in relation to those seeking to enter the UK. This order aligns

“the regime at the sea ports of Northern France with the regime currently in operation at the juxtaposed locations in Coquelles and at Eurostar terminals in France, Belgium and the Netherlands, where the full range of immigration powers are available to fully trained officers.”

National security is a key issue for us, and we are not opposed to the order. However, I have a few questions about the impact of the order in the absence of any impact assessment.

In paragraph 12.3, the Explanatory Memorandum states:

“An Impact Assessment has not been prepared for this instrument because there is no, or no significant, impact on the private or public sector.”

However, in paragraph 14.1, the Explanatory Memorandum says:

“Impacts will be monitored through regular collection and analysis of use of force data as well as the existing internal review system.”

On the one hand, the Explanatory Memorandum says that there will be

“no, or no significant, impact on the private or public sector”,

but, on the other hand, it says that “impacts will be monitored.” Could the Government explain this apparent contradiction in their response? What impacts are going to be monitored that will have no impact, or no significant impact, on the private or public sector?

Will this order have any impact on the number of people entering the UK without authority through the northern French ports? If so, what impact will it have? If it will not have any impact, what purpose does the order serve? At other juxtaposed control locations, where Border Force officers already have powers to use reasonable force, on how many occasions per week or month on average do they have to use these powers? How far can they go in exercising “reasonable force”? What actions does it cover and what actions does it not cover? Are Border Force officers who can use reasonable force also armed officers or are they ever armed officers?

The Explanatory Memorandum refers to Border Force officers able to use “reasonable force” as being fully trained. How long does it take to train a Border Force officer in the appropriate exercise of “reasonable force”? Will enabling Border Force officers to use reasonable force at the northern French ports mean that fewer officers will need to be deployed or will the change provided for in this order have no impact on staffing levels? How will we assess the impact of this change, in respect of the use of reasonable force, on national security?

In paragraph 7.4, the Explanatory Memorandum refers to

“thousands of attempts made by persons seeking to enter the UK illegally via the Northern French seaports every year”.

Are the Government saying that, because the power to use reasonable force is not currently available to Border Force officers at these ports, more people have entered the UK without authority through them as a result? In which case, why has it taken this length of time to bring forward this order? Have concerns been raised by the French authorities that Border Force officers do not have sufficient powers in relation to reasonable force and that that increases the responsibilities and workload of the French authorities? Once this order is in force, what impact will it have on the numbers of people entering the UK without authority via the northern French seaports?

I hope the Government can provide answers to all the questions raised in the debate, including those relating to people genuinely fleeing persecution. One would like to think that this order is designed and intended to improve national security in a meaningful and measurable way, and that it is not just about ensuring uniformity across juxtaposed control locations for the sake of it.