Local Authority
Nationality, Immigration and Asylum Bill
11:15 am
Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)
I beg to move amendment No. 293, in page 50, line 12, leave out 'or 24A(1)' and insert ', 24A(1) or 26(1)(c) or (d)'.
The amendment adds offences under the Immigration Act 1971 to the list of offences covered by clause 100. It is an offence under section 26(1)(c) and (d) to make a false statement or present a false document to an immigration officer during an examination under the Immigration Act. The offences relate to categories of illegal entry. The clause provides the Secretary of State with the power to require local authorities on request to disclose to him information for the purposes of establishing the whereabouts of a specified individual whom he reasonably suspects has committed an immigration offence and is, or has been, resident in a local authority area. The offences include illegal entry, overstaying, working in breach and absconding from temporary admission.
Local authorities have always been an important source of information, but current practice in terms of co-operation with the immigration authorities varies widely because there is some ambiguity in the interpretation of the current powers, including the extent to which the Data Protection Act 1998 and the common-law duty of confidentiality inhibit disclosure. We aim to create clarity in the matter and the amendment will add to the clause the two offences that I mentioned earlier.