§ Mr. Chris Smithasked the Chancellor of the Exchequer if he has any plans to introduce a procedure whereby members of the public can complain to an independent authority about the behaviour of officers working in the Department of Customs and Excise.
§ Mr. BrookeNo. I consider to be adequate the well established procedures for considering complaints against actions by Customs and Excise staff through Members of Parliament or the Parliamentary Commissioner for Administration.
§ Mr. Chris Smithasked the Chancellor of the Exchequer what is the procedure and who must be present when the Post Office opens private mail at the request of Her Majesty's Customs and Excise.
§ Mr. BrookePostal staff are required to produce to the appropriate Customs officer any imported mail which the officer wishes to examine in the course of his statutory duties. When mail is opened both Customs and Post Office staff would normally be present.
§ Mr. Chris Smithasked the Chancellor of the Exchequer under what circumstances and by what authority Her Majesty's Customs and Excise may ask the Post Office to open private mail.
§ Mr. BrookeCustoms and Excise staff may ask the Post Office to open mail in any circumstances where they consider it necessary to ensure that any duty or tax is properly assessed and charged or to prevent the unlawful importation of prohibited or restricted goods. The legal authority for this is the Postal Parcels (Customs and Excise) Regulations 1986.
§ Mr. Chris Smithasked the Chancellor of the Exchequer if he will place in the Library a copy of directives issued to officers of the Department of Customs and Excise relating to the detention of imported articles.
§ Mr. BrookeNo.
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§ Mr. Chris Smithasked the Chancellor of the Exchequer what procedure is available to members of the public to claim compensation from Her Majesty's Customs and Excise; and under what circumstances compensation is normally paid.
§ Mr. BrookeMembers of the public may claim compensation from HM Customs and Excise either directly or by means of a civil action in the courts. The main area where compensation may be paid is in cases where the Department accepts liability for causing damage to goods as a direct result of actions by the Department and where, for example, the goods were themselves not prohibited or used to conceal prohibited goods.
§ Mr. Chris Smithasked the Chancellor of the Exchequer what safeguards exist over the use by officers in Her Majesty's Customs and Excise of the power to request the Post Office to open private mail.
§ Mr. BrookeCustoms officers are empowered to request the Post Office to open private mail to protect the revenue or to enforce import prohibitions. They are required to respect the privacy of personal correspondence. Officers are instructed to act solely within their legal powers. Allegations of abuse may be pursued through internal disciplinary procedures, complaint to MPs or the Parliamentary Commissioner for Administration, or civil action in the courts.