Immigration (Hansard, 12 December 1980)

§ Mr. Whitelaw

The review of procedures adopted in joint operations by the police and immigration service against illegal entrants and overstayers has now been completed. The issues which gave rise to the greatest concern in recent operations, most of which took place in the Metropolitan Police district, were the arrest of people who were subsequently found not to have committed an immigration offence and the length of time for which such people were detained. Following discussions with the Metropolitan Police and the Association of Chief Police Officers, it has been agreed that every effort should be made before an operation takes place to identify those people who are suspected of committing immigration offences, in order to minimise the risk of arresting innocent people. A Metropolitan Police order describing the procedures that will in future be adopted in such operations in the Metropolitan Police district has been issued by the Commissioner of Police of the Metropolis. This emphasises the sensitivity of immigration inquiries, and joint operations in particular, and the care which is needed to avoid any action likely to cause justifiable complaint. The order states that in all cases the appropriate community liaison officer is to be consulted. It makes clear that where persons arc questioned and can be immediately eliminated from suspicion they should be subjected to no further inconvenience, and that if their innocence can be established within a very short time, for example by calling at an address reasonably close to the place where the inquiry is being undertaken, this course of action should always he considered. The order also stresses that where persons are taken to a police station all inquiries must be conducted as a matter of urgency, to reduce to a minimum any period of detention.

The enforcement of the immigration laws is among the most delicate of the tasks which the police have to perform and I know that chief officers of police are anxious to see that it is performed with tact. At the same time, Parliament has imposed on the police and the immigration service the task of enforcing the immigration laws, and it is their duty to undertake investigations when evidence of immigration offences comes to their notice.

A Home Office circular—No. 131-1980—has been sent to chief officers of police informing them of the outcome of the review in terms similar to those of this statement. Copies of that circular have been placed in the 518W Libraries of both Houses. Appropriate instructions in line with the circular are being issued to the immigration service.