Immigration, Asylum and Nationality Bill

House of Commons

Session 2005 - 06
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Immigration, Asylum and Nationality Bill

Immigration, Asylum and Nationality Bill
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26
Provision of information to immigration officers
(1)
Schedule 2 to the Immigration Act 1971 (c. 77) (controls on entry:
administration) shall be amended as follows.
(2)
In paragraph 27 (provision of passenger lists, &c.) for sub-paragraph (2)
substitute—
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    “(2)
The Secretary of State may by order require, or enable an
immigration officer to require, a responsible person in respect of a
ship or aircraft to supply—
(a)
a passenger list showing the names and nationality or
citizenship of passengers arriving or leaving on board the
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ship or aircraft;
(b)
particulars of members of the crew of the ship or aircraft.
      (3)
An order under sub-paragraph (2) may relate—
(a)
to all ships or aircraft arriving or expected to arrive in the
United Kingdom;
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(b)
to all ships or aircraft leaving or expected to leave the United
Kingdom;
(c)
to ships or aircraft arriving or expected to arrive in the United
Kingdom from or by way of a specified country;
(d)
to ships or aircraft leaving or expected to leave the United
20
Kingdom to travel to or by way of a specified country;
(e)
to specified ships or specified aircraft.
      (4)
For the purposes of sub-paragraph (2) the following are responsible
persons in respect of a ship or aircraft—
(a)
the owner or agent, and
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(b)
the captain.
      (5)
An order under sub-paragraph (2)—
(a)
may specify the time at which or period during which
information is to be provided,
(b)
may specify the form and manner in which information is to
30
be provided,
(c)
shall be made by statutory instrument, and
(d)
shall be subject to annulment in pursuance of a resolution of
either House of Parliament.”
(3)
In paragraph 27B (passenger information)—
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(a)
in each place after “passenger information” insert “or service
information”, and
(b)
after sub-paragraph (9) insert—
   “(9A)
“Service information” means such information relating to the
voyage or flight undertaken by the ship or aircraft as may be
40
specified.”
(4)
In section 27 of the Immigration Act 1971 (offences)—
(a)
in paragraph (b)(iv) for “the requirements of paragraph 27B or 27C of
Schedule 2” substitute “a requirement imposed by or under Schedule
2”, and
45
(b)
in paragraph (c) omit “as owner or agent of a ship or aircraft or”.

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27
Passenger and crew information: police powers
(1)
This section applies to ships and aircraft which are—
(a)
arriving, or expected to arrive, in the United Kingdom, or
(b)
leaving, or expected to leave, the United Kingdom.
(2)
The owner or agent of a ship or aircraft shall comply with any requirement
5
imposed by a constable of the rank of superintendent or above to provide
passenger or service information.
(3)
A passenger or member of crew shall provide to the owner or agent of a ship
or aircraft any information that he requires for the purpose of complying with
a requirement imposed by virtue of subsection (2).
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(4)
A constable may impose a requirement under subsection (2) only if he thinks
it necessary—
(a)
in the case of a constable in England, Wales or Northern Ireland, for
police purposes, or
(b)
in the case of a constable in Scotland, for police purposes which are or
15
relate to reserved matters.
(5)
In this section—
(a)
“passenger or service information” means information which is of a
kind specified by order of the Secretary of State and which relates to—
(i)
passengers,
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(ii)
members of crew, or
(iii)
a voyage or flight,
(b)
“police purposes” has the meaning given by section 21(3) of the
Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of
State), and
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(c)
“reserved matters” has the same meaning as in the Scotland Act 1998
(c. 46).
(6)
A requirement imposed under subsection (2)—
(a)
must be in writing,
(b)
may apply generally or only to one or more specified ships or aircraft,
30
(c)
must specify a period, not exceeding six months and beginning with
the date on which it is imposed, during which it has effect,
(d)
must state—
(i)
the information required, and
(ii)
the date or time by which it is to be provided.
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(7)
The Secretary of State may make an order specifying a kind of information
under subsection (5)(a) only if satisfied that the nature of the information is
such that there are likely to be circumstances in which it can be required under
subsection (2) without breaching Convention rights (within the meaning of the
Human Rights Act 1998 (c. 42)).
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(8)
An order under subsection (5)(a)—
(a)
may apply generally or only to specified cases or circumstances,
(b)
may make different provision for different cases or circumstances,
(c)
may specify the form and manner in which information is to be
provided,
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(d)
shall be made by statutory instrument, and

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(e)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
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Freight information: police powers
(1)
This section applies to ships and aircraft which are—
(a)
arriving, or expected to arrive, in the United Kingdom, or
5
(b)
leaving, or expected to leave, the United Kingdom.
(2)
If a constable of the rank of superintendent or above requires the owner or
agent of a ship or aircraft to provide freight information he shall comply with
the requirement.
(3)
A constable may impose a requirement under subsection (2) only if he thinks
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it necessary—
(a)
in the case of a constable in England, Wales or Northern Ireland, for
police purposes, or
(b)
in the case of a constable in Scotland, for police purposes which are or
relate to reserved matters.
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(4)
In this section—
(a)
“freight information” means information which is of a kind specified by
order of the Secretary of State and which relates to freight carried,
(b)
“police purposes” has the meaning given by section 21(3) of the
Immigration and Asylum Act 1999 (c. 33) (disclosure by Secretary of
20
State), and
(c)
“reserved matters” has the same meaning as in the Scotland Act 1998
(c. 46).
(5)
A requirement imposed under subsection (2)—
(a)
must be in writing,
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(b)
may apply generally or only to one or more specified ships or aircraft,
(c)
must specify a period, not exceeding six months and beginning with
the date on which it is imposed, during which it has effect, and
(d)
must state—
(i)
the information required, and
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(ii)
the date or time by which it is to be provided.
(6)
The Secretary of State may make an order specifying a kind of information
under subsection (4)(a) only if satisfied that the nature of the information is
such that there are likely to be circumstances in which it can be required under
subsection (2) without breaching Convention rights (within the meaning of the
35
Human Rights Act 1998 (c. 42)).
(7)
An order under subsection (4)(a)—
(a)
may apply generally or only to specified cases or circumstances,
(b)
may make different provision for different cases or circumstances,
(c)
may specify the form and manner in which the information is to be
40
provided,
(d)
shall be made by statutory instrument, and
(e)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.

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Offence
(1)
A person commits an offence if without reasonable excuse he fails to comply
with a requirement imposed under section 27(2) or (3) or 28(2).
(2)
A person who is guilty of an offence under subsection (1) shall be liable on
summary conviction to—
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(a)
imprisonment for a term not exceeding 51 weeks,
(b)
a fine not exceeding level 4 on the standard scale, or
(c)
both.
(3)
In the application of this section to Scotland or Northern Ireland the reference
in subsection (2) to 51 weeks shall be treated as a reference to six months.
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(4)
In relation to a conviction occurring before the commencement of section
281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of
sentences) the reference to 51 weeks in subsection (2)(a) shall be taken as a
reference to three months.
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Power of Revenue and Customs to obtain information
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In section 35(2) and (3) of the Customs and Excise Management Act 1979 (c. 2)
(arrivals in the United Kingdom) after “arriving” insert “, or expected to
arrive,”.
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Duty to share information
(1)
This section applies to—
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(a)
the Secretary of State in so far as he has functions under the
Immigration Acts,
(b)
a chief officer of police, and
(c)
Her Majesty’s Revenue and Customs.
(2)
The persons specified in subsection (1) shall share information to which
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subsection (4) applies and which is obtained or held by them in the course of
their functions to the extent that the information is likely to be of use for—
(a)
immigration purposes,
(b)
police purposes, or
(c)
Revenue and Customs purposes.
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(3)
But a chief officer of police in Scotland shall share information under
subsection (2) only to the extent that it is likely to be of use for—
(a)
immigration purposes,
(b)
police purposes, in so far as they are or relate to reserved matters within
the meaning of the Scotland Act 1998 (c. 46), or
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(c)
Revenue and Customs purposes other than the prosecution of crime.
(4)
This subsection applies to information which—
(a)
is obtained or held in the exercise of a power specified by the Secretary
of State by order and relates to—
(i)
passengers on a ship or aircraft,
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(ii)
crew of a ship or aircraft,
(iii)
freight on a ship or aircraft, or
(iv)
flights or voyages, or

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(b)
relates to such other matters in respect of travel or freight as the
Secretary of State may specify by order.
(5)
The Secretary of State may make an order under subsection (4) which has the
effect of requiring information to be shared only if satisfied that—
(a)
the sharing is likely to be of use for—
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(i)
immigration purposes,
(ii)
police purposes, or
(iii)
Revenue and Customs purposes, and
(b)
the nature of the information is such that there are likely to be
circumstances in which it can be shared under subsection (2) without
10
breaching Convention rights (within the meaning of the Human Rights
Act 1998 (c. 42)).
(6)
Information shared in accordance with subsection (2)—
(a)
shall be made available to each of the persons specified in subsection
(1), and
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(b)
may be used for immigration purposes, police purposes or Revenue
and Customs purposes (regardless of its source).
(7)
An order under subsection (4)—
(a)
shall be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and approved by
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resolution of each House of Parliament.
(8)
In this section—
“chief officer of police” means—
(a)
in England and Wales, the chief officer of police for a police area
specified in section 1 of the Police Act 1996 (c. 16),
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(b)
in Scotland, the chief constable of a police force maintained
under the Police (Scotland) Act 1967 (c. 77), and
(c)
in Northern Ireland, the chief constable of the Police Service of
Northern Ireland,
“immigration purposes” has the meaning given by section 20(3) of the
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Immigration and Asylum Act 1999 (c. 33) (disclosure to Secretary of
State),
“police purposes” has the meaning given by section 21(3) of that Act
(disclosure by Secretary of State), and
“Revenue and Customs purposes” means those functions of Her
35
Majesty’s Revenue and Customs specified in section 21(6) of that Act.
(9)
This section has effect despite any restriction on the purposes for which
information may be disclosed or used.
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Information sharing: security purposes
(1)
The persons specified in subsection (2) may share information which is of a
40
kind specified in subsection (3) and which is obtained or held by them in the
course of their functions to the extent that the information is likely to be of use
for the purposes of—
(a)
a function specified in section 1 of the Security Service Act 1989 (c. 5), or
(b)
a function specified in section 1 or 3 of the Intelligence Services Act 1994
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(c. 13).

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(2)
The persons referred to in subsection (1) are—
(a)
the Secretary of State in so far as he has functions under the
Immigration Acts,
(b)
a chief officer of police,
(c)
Her Majesty’s Revenue and Customs,
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(d)
the Director-General of the Security Service,
(e)
the Chief of the Secret Intelligence Service, and
(f)
the Director of the Government Communications Headquarters.
(3)
The information referred to in subsection (1) is information—
(a)
which is obtained or held in the exercise of a power specified by the
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Secretary of State by order and relates to—
(i)
passengers on a ship or aircraft,
(ii)
crew of a ship or aircraft,
(iii)
freight on a ship or aircraft, or
(iv)
flights or voyages,
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(b)
which is held by a person referred to in subsection (2)(d) to (f) and
which—
(i)
relates to travel or freight, and
(ii)
in the opinion of that person is likely to be of use for a purpose
specified in subsection (1), or
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(c)
which relates to such other matters in respect of travel or freight as the
Secretary of State may specify by order.
(4)
Information shared in accordance with subsection (1)—
(a)
shall be made available to each of the persons specified in subsection
(2), and
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(b)
may be used only for the purposes specified in subsection (1) (but
without prejudice to section 31(2)).
(5)
In subsection (2) “chief officer of police” means—
(a)
in England and Wales, the chief officer of police for a police area
specified in section 1 of the Police Act 1996 (c. 16),
30
(b)
in Scotland, the chief constable of a police force maintained under the
Police (Scotland) Act 1967 (c. 77), and
(c)
in Northern Ireland, the chief constable of the Police Service of
Northern Ireland.
(6)
An order under this section—
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(a)
shall be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(7)
This section has effect despite any restriction on the purposes for which
information may be disclosed or used.
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Information sharing: code of practice
(1)
The Secretary of State shall issue one or more codes of practice about—
(a)
the use of information shared in accordance with section 31(2) or 32(1),
and
(b)
the extent to which, or form or manner in which, shared information is
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to be made available in accordance with section 31(6) or 32(4).

Immigration, Asylum and Nationality Bill
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(2)
A code—
(a)
shall not be issued unless a draft has been laid before Parliament, and
(b)
shall come into force in accordance with provision made by order of the
Secretary of State.
(3)
The Secretary of State shall from time to time review a code and may revise and
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re-issue it following a review; and subsection (2) shall apply to a revised code.
(4)
An order under subsection (2)—
(a)
shall be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
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Disclosure to law enforcement agencies
(1)
A chief officer of police may disclose information obtained in accordance with
section 27 or 28 to—
(a)
the States of Jersey police force;
(b)
the salaried police force of the Island of Guernsey;
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(c)
the Isle of Man constabulary;
(d)
any other foreign law enforcement agency.
(2)
In subsection (1) “foreign law enforcement agency” means a person outside the
United Kingdom with functions similar to functions of—
(a)
a police force in the United Kingdom, or
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(b)
the Serious Organised Crime Agency.
(3)
In subsection (1) “chief officer of police” means—
(a)
in England and Wales, the chief officer of police for a police area
specified in section 1 of the Police Act 1996 (c. 16),
(b)
in Scotland, the chief constable of a police force maintained under the
25
Police (Scotland) Act 1967 (c. 77), and
(c)
in Northern Ireland, the chief constable of the Police Service of
Northern Ireland.
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Searches: contracting out
(1)
An authorised person may, in accordance with arrangements made under this
30
section, search a searchable ship, aircraft, vehicle or other thing for the purpose
of satisfying himself whether there are individuals whom an immigration
officer might wish to examine under paragraph 2 of Schedule 2 to the
Immigration Act 1971 (c. 77) (control of entry: administrative provisions).
(2)
For the purposes of subsection (1)—
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(a)
“authorised” means authorised for the purpose of this section by the
Secretary of State, and
(b)
a ship, aircraft, vehicle or other thing is “searchable” if an immigration
officer could search it under paragraph 1(5) of that Schedule.
(3)
The Secretary of State may authorise a specified class of constable for the
40
purpose of this section.
(4)
The Secretary of State may, with the consent of the Commissioners for Her
Majesty’s Revenue and Customs, authorise a specified class of officers of
Revenue and Customs for the purpose of this section.