Clause 46 - Escorts
Nationality, Immigration and Asylum Bill
4:45 pm
Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)
I seek further clarification from the Minister on the difference between arrest and detention. I understand where the Government are coming from, and under later amendments we shall discuss our general concerns about escort officers carrying out that kind of work. There is a significant difference between an arrest situation and a detention situation. I understand that when an arrest occurs, a range of other safeguards kick in, in particular the codes of practice in the Police and Criminal Evidence Act 1984, which, as the Minister knows, apply not only to police officers but to immigration service officers.
We are concerned that there might be a lowering of the standards of behaviour expected from, or mandated upon, those carrying out such functions. In particular, I question whether the proposed shift from the word ''arrests'' to ''detains'' will change the distinction between arrest and detention in any way, because escorting officers will not be carrying out a formal arrest. Will that disapply procedures such as those under PACE that offer safeguards to the person who is being taken away?