HC Deb 29 October 1997 vol 299 cc822-3W
Mr. Mitchell

To ask the Secretary of State for the Home Department in respect of the opt-out from the general application of the treaties of the European Community and Union concerning control by(a) the United Kingdom and (b) the Republic of Ireland of their national borders, what rights will arise for (a) and (b), to (i) examine official identity documents carried by an entrant, (ii) search their person, (iii) examine their belongings, (iv) detain them temporarily for further inquiries and (v) detain them in custody; and if he will state for each of (i) to (v) the originating and authoritative national or Community-Union legislation providing such powers, and their manner of execution, in respect of (1) citizens of the European Union and (2) citizens of third nations. [12808]

Ms Quin

The Treaty of Amsterdam contains a Protocol which recognises the right of the United Kingdom to exercise, at its frontiers with other member states, such controls on persons seeking to enter the United Kingdom as it may consider necessary for the purpose ofverifying the right to enter the United Kingdom of European Union and other nationals of the European Economic Area and their dependants; and determining whether or not to grant other persons permission to enter the United Kingdom.

The Protocol states that nothing in the Treaties, or in any measures deriving from the Treaties, prejudices the United Kingdom's right to exercise such controls.

No powers will arise as a direct result of the Protocol. The United Kingdom will, however, continue to maintain the controls provided for under the Immigration (European Economic Area) Order 1994 and the Immigration Act 1971. Schedule 2 to the Immigration Act 1971 provides powers for immigration officers to examine and identify documents of passengers arriving in the United Kingdom, to search their person and belongings and to detain them pending a decision to give or to refuse leave to enter.

The operation of immigration controls in the Republic of Ireland is a mater for the Irish authorities.