Contribution
I begin by reaffirming the policy position of the Government for the use of search and seizure powers, which is an approach grounded in the principles of proportionality, accountability and the rule of law. The amendments in my name before the Committee today have an underpinning policy objective, and that is to ensure that the United Kingdom of Great Britain and Northern Ireland has the necessary powers to search for, seize, retain and use information from electronic devices belonging to irregular entrants or arrivals where there are reasonable grounds to suspect that an electronic device is likely to contain information relevant to the offences under Sections 25 and 25A of the Immigration Act 1971. These powers are vital to disrupt organised crime groups. We must ensure that authorised officers are fully equipped to use the powers effectively and we must have safeguards in place against misuse.
Government Amendment 70 expands the definition of “authorised officer” to include
“a constable of the Police Service of Scotland … Northern Ireland, or … an NCA officer”.
This now ensures that constables from devolved police services and the National Crime Agency, who were already authorised, may exercise the full powers available to them under the legislation.
The National Crime Agency-focused amendments that follow on from government Amendment 70—Amendments 75, 77, 79, 80, 81, 82, 83, 92 and 94—collectively ensure that NCA officers have all the relevant safeguards and protections and legal clarity in using these powers. Government Amendments 75, 79 and 92 require that the NCA officers exercising powers under Clauses 20, 21 and 23 must be authorised by an officer of at least inspector equivalent grade with the requirement to inform a superintendent or equivalent officer, in line with safeguards applied to police constables.
Government Amendments 77 and 81 provide protections under paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013, ensuring that those who obstruct or assault an NCA officer during the exercise of their powers under Clauses 20 and 21 may face criminal prosecution. Government Amendment 80 enables NCA officers to use reasonable force where necessary in the execution of their powers under Clause 21. Government Amendments 82 and 83 provide for the lawful transfer of seized items to an immigration officer or the Secretary of State. I apologise for the number of amendments but I hope that they are all relatively straightforward. Government Amendment 94 provides legal clarity by defining “NCA officer” within Clause 26.
These amendments are necessary and proportionate to enable officers to perform their duties effectively. The National Crime Agency, as noble Lords will know, is the central agency in combating serious and organised immigration crime, and previously the Bill sought to include NCA officers by enabling them to use their immigration powers. However, NCA officers are triple warranted, holding the powers of constable, immigration officer and customs officer. Through ongoing engagement with the NCA, it became clear that it would be more operationally effective for the Bill explicitly to enable them to exercise their police powers under this legislation.
Government Amendment 70 extends these powers to the devolved police services in Scotland and Northern Ireland, so that we have consistency across the United Kingdom as a whole. Members will know that criminal organisations do not respect administrative boundaries and will operate wherever they can. Due to the inclusion now of devolved police services, government Amendment 89 ensures that appropriate legal procedures are in place for the disposal of relevant articles held by constables of Police Scotland and the Police Service of Northern Ireland.
There are several consequential amendments—Amendments 85, 86, 87, 88 and 93—which are minor and technical in nature, but will, I hope, help to ensure the legal coherence of the Bill. In essence, the amendments extend powers to the NCA, police in Scotland and police in Northern Ireland, with appropriate safeguards. I commend them to the Committee.