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Lord Judd: My Lords, we live in a time when the grim challenges that face us put human rights under greater stress than perhaps many of us can remember. I realistically recognise that perhaps that is inevitable. I believe that in the context of that reality we must be careful that we do not slip into a kind of psychological outlook where administrative convenience is the priority and human rights become eroded stage by stage. Reading this not as a lawyer, but as an ordinary citizen, I cannot believe that this clause is warranted in its present form in terms of what must remain a real commitment to human rights. I ask the Government to consider this clause carefully.
Lord Filkin: My Lords, Amendment No. 66 would delete Clause 113(4)(g) and remove specific reference to the inclusion in any regulations made under this clause of provision for the use and retention of information collected under it. The clause, as drafted, clarifies that the regulations may provide for the use and retention of information under those regulations. We believe that it is quite proper that information may be used for purposes other than immigration. That may well include the prevention and detection of crime, but it may also be used in the proper exercise of
other government functions. At this time we simply do not know what wider uses may properly be made of the data, or for that matter that any uses other than those relating to immigration control will be appropriate. But to limit our ability to make proper use of the data would be inappropriate and not in the best interests potentially of society.However, any provisions allowing for use of information, other than for immigration purposes, would be set out in regulations which would be subject to the affirmative procedure, and so be transparent and open to parliamentary scrutiny. I am sure that the House will accept that that is a necessary process of security.
Additionally, any exchange or use of data collected under the powers would be subject to the safeguards of the Data Protection Act. Therefore the Government's views remain unchanged and the purpose, as it stands, is to make it compulsory for local authorities to comply with requests. It provides a new legal obligation on them to do so, as many, but not all, have usually done. The proposed amendment would require such disclosure to be made through a named officer. The Government's view is that it remains the local authority's legal duty to comply. If it wishes to nominate a named officer to respond, that is its choice, but we believe that it should be left the freedom of action in that respect. Clearly, local authorities, like the Secretary of State, are required to comply with the Data Protection Act. For those reasons we trust that the amendment will not be pressed. I hope that in part I have given some assurances.
Lord Dholakia: My Lords, I am grateful to the Minister for the assurances given. Due to the lateness of the hour, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 120 [Medical inspectors]:
Lord Bassam of Brighton moved Amendment No. 68:
- Page 64, line 36, at end insert—
The noble Lord said: My Lords, this group of amendments revises the definitions of "health service body" in England, Wales, Scotland and Northern Ireland to which port medical inspectors and their staff may disclose information where necessary for specified medical purposes under Clause 120.
The amendments would enable port medical inspectors to disclose information to a wider range of health service bodies than previously provided for in Clause 120(4).
The definitions of "health service body" already provided in Clause 120 are too narrow, although they do reflect the bodies to which port medical inspectors currently disclose information. Further discussion with the Department of Health and, importantly, the devolved administrations has revealed that the current configuration of health service provision may be subject to some non-statutory change in the future, such that PMIs will require the flexibility to disclose information to the wider range of bodies listed in the amendment.
Adopting the broader definitions provided in the amendment will save parliamentary time by reducing the possible need to amend Clause 120 subsequently unless required by the creation of new statutory health bodies. The amendments reflect the wishes of the Department of Health and the devolved administrations. That explanation covers Amendments Nos. 68 to 74. I beg to move.
On Question, amendment agreed to.
Lord Filkin moved Amendments Nos. 69 to 74:
On Question, amendments agreed to.
Lord Filkin moved Amendment No. 75:
The noble Lord said: My Lords, in an earlier debate we touched on the importance of effective entry controls. In recent months we have had some very positive discussions with the French. I apologise to the noble Baroness, Lady Anelay, for not answering her previous question. I shall perhaps try to do so later. The French have agreed to co-operate with us on establishing juxtaposed controls.
We found, to our surprise, that we did not have the power to implement them, because the powers that established the existing juxtaposed controls were in the Channel Tunnel Act, and since we have only one Channel Tunnel we could not apply them to other ports. Therefore, this clause is necessary.
We intend to make sensible use of these powers in co-operation with the French and perhaps with the Belgians also. I beg to move.
On Question, amendment agreed to.
Clause 128 [Assisting unlawful immigration, &c.]:
"(ii) a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19),
(iii) a Strategic Health Authority established under section 8 of the National Health Service Act 1977 (c. 49),
(iv) a Special Health Authority established under section 11 of that Act, or
(v) the Public Health Laboratory Service Board,"
Page 64, line 38, after "under" insert "section 8 or 16BA of"
Page 64, line 38, at end insert—
"(ii) a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19), or
(iii) the Public Health Laboratory Service Board,"
Page 64, line 40, after "under" insert "section 2 or 12A of"
Page 64, line 41, after "(c. 29)," insert "or
(ii) the Common Services Agency for the Scottish Health Service established under section 10 of that Act,"
Page 64, line 42, at beginning insert—
"in relation to Northern Ireland—
(i) "Page 64, line 46, at end insert ", or
(iii) the Department of Health, Social Services and Public Safety."
After Clause 127, insert the following new clause—
"EEA PORTS: JU"TAPOSED CONTROLS
(1) The Secretary of State may by order make provision for the purpose of giving effect to an international agreement which concerns immigration control at an EEA port (whether or not it also concerns other aspects of frontier control at the port).
(2) An order under this section may make any provision which appears to the Secretary of State—
(a) likely to facilitate implementation of the international agreement (including those aspects of the agreement which relate to frontier control other than immigration control), or
(b) appropriate as a consequence of provision made for the purpose of facilitating implementation of the agreement.
(3) In particular, an order under this section may—
(a) provide for a law of England and Wales to have effect, with or without modification, in relation to a person in a specified area or anything done in a specified area;
(b) provide for a law of England and Wales not to have effect in relation to a person in a specified area or anything done in a specified area;
(c) provide for a law of England and Wales to be modified in its effect in relation to a person in a specified area or anything done in a specified area;
(d) disapply or modify an enactment in relation to a person who has undergone a process in a specified area;
(e) disapply or modify an enactment otherwise than under paragraph (b), (c) or (d);
(f) make provision conferring a function (which may include—
(i) provision conferring a discretionary function;
(ii) provision conferring a function on a servant or agent of the government of a State other than the United Kingdom);
(g) create or extend the application of an offence;
(h) impose or permit the imposition of a penalty;
(i) require the payment of, or enable a person to require the payment of, a charge or fee;
(j) make provision about enforcement (which may include—
(i) provision conferring a power of arrest, detention or removal from or to any place;
(ii) provision for the purpose of enforcing the law of a State other than the United Kingdom);
(k) confer jurisdiction on a court or tribunal;
(l) confer immunity or provide for indemnity;
(m) make provision about compensation;
(n) impose a requirement, or enable a requirement to be imposed, for a person to co-operate with or to provide facilities for the use of another person who is performing a function under the order or under the international agreement (which may include a requirement to provide facilities without charge);
(o) make provision about the disclosure of information.
(4) An order under this section may—
(a) make provision which applies generally or only in specified circumstances;
(b) make different provision for different circumstances;
(c) amend an enactment.
(5) An order under this section—
(a) must be made by statutory instrument,
(b) may not be made unless the Secretary of State has consulted with such persons as appear to him to be appropriate, and
(c) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(6) In this section—
"EEA port" means a port in an EEA State from which passengers are commonly carried by sea to or from the United Kingdom,
"EEA State" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
"frontier control" means the enforcement of law which relates to, or in so far as it relates to, the movement of persons or goods into or out of the United Kingdom or another State,
"immigration control" means arrangements made in connection with the movement of persons into or out of the United Kingdom or another State,
"international agreement" means an agreement made between Her Majesty's Government and the government of another State, and
"specified area" means an area (whether of the United Kingdom or of another State) specified in an international agreement."
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