Clause 96 - Authority to carry
Nationality, Immigration and Asylum Bill
9:45 am
Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)
I hope that I can reassure the hon. Gentlemen that the provision is not as they see it.
I hope that the hon. Member for Bexhill and Battle enjoyed moving his first amendment. He has had a sudden promotion. Goodness knows where it might end.
The hon. Gentleman for Southwark, North and Bermondsey correctly said that new section 19D in the Race Relations (Amendment) Act 2000 allowed discrimination on the grounds of ethnicity and nationality. However, he did not say that for the first time the Act brought the immigration and nationality directorate within the purview of race discrimination legislation, from which it was completely exempted in 1996. There can be no discrimination on the grounds of race or colour without falling foul of the Act. So he was wrong when he said that the IND could discriminate on racial grounds, although it can discriminate on the grounds of nationality.
I would be interested if hon. Gentlemen could tell me how they would run an effective immigration service without the power to discriminate on the grounds of nationality in some circumstances. As the hon. Member for Southwark, North and Bermondsey rightly pointed out—I thank him for his acknowledgement—we have narrowed further the exemptions in clause 6. However, with proper ministerial oversight and reports to Parliament, the
potential to discriminate on grounds of nationality for operational and practical reasons is necessary in some circumstances. We will continue to narrow the exemptions if the operation of the system proves that we can safely do so.
Clause 96 talks about the development of authority to carry schemes. We may discuss this matter in debating whether the clause should stand part of the Bill. The provision is not intended to allow carriers to discriminate. Prior to passengers boarding a plane, there will be an electronic check to see whether any known immigration offenders or security risks—often those on the warnings index used at ports of entry—are among them. After an electronic exchange of information the airline will be granted or refused permission to carry. It will be given a yes or a no answer for an individual.
This is merely a way for passengers to know that they will not be stopped at immigration for reasons of immigration or security and be turned back once they have travelled. They will know that they have authority to travel, and although the measure does not replace immigration control, there will be a faster way through it once they arrive at the port.
The carrier will not discriminate; it will act on information from Home Office databases that will either grant or not grant authority to carry. This will prevent airlines becoming liable to fines by carrying improperly documented people. It will give passengers authorised to travel before boarding the aircraft more secure knowledge that they will not be considered either an immigration threat or a security risk when they arrive. We see it as beneficial all round. In a nutshell, that is how we see authority to carry schemes being developed. They are at an early stage at present.
We would not give permission to an airline to discriminate against all Angolans unless all Angolans were on the warning index as immigration offenders or threats to national security, which is highly unlikely.