HC Deb 11 July 2000 vol 353 cc532-3W
Mr. Mitchell

To ask the Secretary of State for the Home Department, pursuant to his answer of 14 June 2000,Official Report, column 626W, on immigration, if he will list those parts of European treaties coming into force subsequent to the passage of the Immigration Act 1971 which permit questioning, searching and detention on grounds of public policy through derogation from treaty provisions concerning freedom of movement and absence of internal frontiers within the European Union and Community. [129754]

Mrs. Roche

Under the Treaty establishing the European Community (TEC), the right to move and reside freely within the territory of the European Union is subject to derogations on grounds of public policy, public security and public health. These limitations on the Treaty freedoms are allowed by Article 39(3) (as regards freedom of movement for workers), Article 46 (as regards the right of establishment) and Article 55 (as regards the provision of services), and are also recognised by Article 18 (inserted by the Treaty on European Union).

The same limitations can be found in the secondary Community legislation on freedom of movement, including Directives 68/360/EEC, 73/148/EEC and 75/34/EEC. The use by member states of these derogations is subject to Directive 64/221/EEC on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on the grounds of public policy, public security, or public health, extended by Directives 72/194/EEC and 75/35/EEC.

In order for Immigrations Officers to decide whether a person should be excluded on the grounds of public policy, public security or public health, Article 20(2)(e)of the Immigration (European Economic Area) Order 1994 applies the powers to question, search and detain contained in Schedule 2 to the Immigration Act 1971 to EEA nationals.

In the case of the United Kingdom, the question of derogation from provision concerning the absence of internal frontiers within the EU does not arise, having regard to our special position on the maintenance of internal frontier controls.