My Lords, I, like the noble Baroness, Lady Harris, was concerned about this clause in Committee and elsewhere, as the Minister may recall, but I have been more reassured by his letter and by my contact with the Isle of Man since then that these are only customs powers and will not be used for immigration purposes. However, I am still not really clear about the reason for adopting the clause if it is not for immigration purposes. Nor am I clear quite how it will work.
As we said before, under the clause, customs officers can require the production of a passport or similar document. On the other hand, it does not seem to be an offence not to produce them. If you do not have them, you cannot anyway. I also understand that there has been no requirement to show identity of this kind on sea ferries to the Isle of Man, although there has been, for quite other reasons, on the air links. Without this being an offence, the clause is pretty useless. The officer may have the power to "require" identity, as the Bill says, but if no one has a duty to obey that requirement and there is no penalty for not obeying it, I am not quite sure how powerful it is. However, I am, as I say, reassured that the immigration provisions of the common travel area will not be affected, and so, I understand, are the Isle of Man Government.
Policing and Crime Bill
Proceeding contribution from
Lord Cope of Berkeley
(Conservative)
in the House of Lords on Thursday, 5 November 2009.
It occurred during Debate on bills on Policing and Crime Bill.
Type
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Reference
714 c496 
Session
2008-09
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