Annex 27
STATUTORY GATEWAYS
The Government White Paper, "Fairer, Faster
and Firmer—A Modern Approach to Immigration and Asylum"
published in 1998, promoted more effective use of intelligence
to target resources available for the operation of the immigration
control. In addition, the paper highlighted the increase in immigration-related
crime, such as benefit and housing fraud, illegal employment,
passport and document abuse and stated that, in order to combat
this crime, the Government was developing enhanced inter-agency
co-operation and a more pro-active approach to intelligence.
As part of a strategy for an integrated intelligence
network, the Immigration and Asylum Act 1999 incorporated provisions
creating "statutory gateways" between the Immigration
and Nationality Directorate and the main law enforcement agencies;
the police, the National Criminal Intelligence Service (NCIS),
the National Crime Squad (NCS) and Customs and Excise. Exchanges
of information are limited to certain specified purposes relating
to the statutory functions of the named organisations and are
subject to the relevant requirements of the European Convention
on Human Rights and data protection legislation. In addition,
the Secretary of State has power under the new Act to specify
by Order further gateways to facilitate the exchange of information
for specified purposes. Any such Order is subject to affirmative
resolution procedure. Although exchanges of information have taken
place in the past between IND and these organisations, these have
tended to be limited and on a voluntary basis. The new legislation
provides a clear legal basis on which co-operation between the
various law enforcement agencies can be based and extended.
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