HC Deb 18 July 1995 vol 263 c1042W
Mr. Barry Field

To ask the Chancellor of the Exchequer if he will set out the reasons for the policy allowing customs officers to require any visitor to the United Kingdom to be the subject of an internal examination carried out using reasonable force; and why this power is not available to prison governors. [35193]

Mr. Heathcoat-Amory

Customs and Excise policy on search of persons exists to prevent the illegal importation of prohibited and restricted goods, or goods on which duty has not been paid, into the United Kingdom. Customs officers have the right to search any person entering or leaving the United Kingdom where reasonable grounds exist: only when a person has been arrested under the Police and Criminal Evidence Act 1984 and has been shown an unwillingness to co-operate can reasonable force be used. The Home Office is responsible for the powers of prison governors.

Mr. Field

To ask the Chancellor of the Exchequer if he will set out the powers available to Customs officers to require any visitor to the United Kingdom to undergo an internal examination; and in what circumstances reasonable force can be used. [35191]

Mr. Heathcoat-Amory

Powers in section 164 of the Customs and Excise Management Act 1979 permit the search of any person entering or about to leave the UK, provided Customs officers have reasonable grounds to suspect that the person is carrying prohibited or restricted goods, or goods on which duty has not been paid. Reasonable force may be used only under the Police and Criminal Evidence Act 1984 where a person has been arrested and it has been established that the person to be searched is unwilling to co-operate or resists.