§ Lord Shore of Stepneyasked Her Majesty's Government:
Pursuant to the Prime Minister's statement on 18 June 1997 (HC Deb, cols. 313–316) concerning the retention of border controls by the United Kingdom consequent to the ratification of the Treaty of Amsterdam, what parts of the treaty provide the Government with powers additional to those of confirming the identity of citizens of the European Union and European Economic Area, and their dependants. [HL1438]
§ Lord Williams of MostynThe 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 of:
verifying 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 identity 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.