Borders, Citizenship and Immigration Bill [HL]

My Lords, I am delighted to note that many noble Lords have intervened for the first time at this stage because the amendment allows me to explain, clearly I hope, why this clause on the reform of the common travel area is in the legislation. A number of noble Lords have been kind enough to refer to the discussions I have held, but perhaps I have created more heat than light, so I hope to make things a little clearer and clear up misconceptions. It is important to explain why we are doing anything. No one wakes up in the morning and thinks, ““Right, let’s give Lord West a hard time on the Floor of the House of Lords by putting this in place””; the provision has been made for a reason. In the final analysis, we know that serious organised criminals are exploiting the open border of the common travel area to assist their criminal activities. This includes the facilitation of illegal migration. Indeed, only two days ago the regional director of SOCA in Northern Ireland confirmed in a comprehensive media release what is going on in one area. We are aware that traffickers of all kinds are beginning to focus on the common travel area as a weakness in our system, and again this is something that SOCA is focusing on in particular because trafficking is a crime very high on its agenda. We know also that the common travel area is being exploited by illegal immigrants. Our evidence shows that around 8,000 immigration offenders travel unlawfully between the UK and the Republic of Ireland on the air and sea routes alone, but that figure represents probably just the tip of an ever-growing iceberg. We also have examples of people of international counter-terrorism interest entering the United Kingdom having initially landed elsewhere in the common travel area. I believe that this is happening because we are tightening up our borders by a raft of means. Rather like water finding an opening in a ship when it is sinking, those who have been thwarted are pushing at every single door. I have no doubt whatsoever that something has got to be done to block this breach in our defences—not just for the United Kingdom, but for the benefit of the whole common travel area. Having explained why something needs to be done, what are we proposing? I think that there is some confusion and wild speculation out there in the undergrowth. Let us start with the Crown dependencies. There will be no requirement for British citizens travelling to and from the Crown dependencies to the UK mainland to carry passports or ID cards. There will be no fixed immigration controls on these routes. The only change will be that legislation will be in place to allow focused, intelligence-led operations. At present—this is an important point—there is no unequivocal legislative cover for such operations, and we believe that that is required. The Republic of Ireland introduced border controls in 1997 so that third country nationals travelling from within the common travel area to the republic, by air or sea, must present a passport or ID card. Indeed, I was asked for a passport at a fixed control when I recently visited Dublin. The noble Lord, Lord Smith, referred to a passport-free area but I am afraid it is one no longer. The noble Lord, Lord Kilclooney, and a number of other noble Lords, referred to flying into Northern Ireland and being asked for identity. I am still chasing up to find out who it was. I hope it was someone from an official agency, but I am not sure. If it was, it was an incredibly stupid thing to do and I am busy trying to track him down. He is covering his tracks well but I will get him, have no fear.