Borders, Citizenship and Immigration Bill [HL]

Amendment 39 39: After Clause 28, insert the following new Clause— ““Complaints and misconduct: Northern Ireland (1) The Police (Northern Ireland) Act 1998 (c. 32) is amended as follows. (2) After section 60 insert— ““60ZZA Immigration and asylum enforcement functions: complaints and misconduct (1) The Secretary of State may make regulations conferring functions on the Ombudsman in relation to— (a) the exercise by immigration officers of specified enforcement functions; (b) the exercise by officials of the Secretary of State of specified enforcement functions relating to immigration or asylum; (c) the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b). (2) In subsection (1) the reference to enforcement functions includes, in particular, reference to— (a) powers of entry; (b) powers to search persons or property; (c) powers to seize or detain property; (d) powers to arrest persons; (e) powers to detain persons; (f) powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data); and (g) powers in connection with the removal of person from the United Kingdom. (3) The Secretary of State may make regulations conferring functions on the Ombudsman in relation to— (a) the exercise by designated customs officials, and officials of the Secretary of State, of customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009; (b) the exercise by designated Director of Border Revenue, and any person exercising functions of the Director, of customs revenue functions within the meaning of that part of that Act, and (c) the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b). (4) Regulations under subsection (1) may not confer functions on the Ombudsman in relation to the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999 (c. 33). (5) Regulations under subsection (1)— (a) may apply (with or without modification) or make similar to any provision of or made under Part VII of this Act; (b) may make provision for payment by the Secretary of State to or in respect of the Ombudsman.””.””