Question
How many people have been referred by the Police Service of Northern Ireland to Home Office Immigration enforcement following being encountered during a Schedule 7 Terrorism Act 2000 stop in Northern Ireland ports and airports; and what safeguards are in place to ensure that Schedule 7 powers are not used for unlawful collateral purposes, including for the purpose of routine immigration control?
Answer
1. For the period 1 April 2022 - 24 October 2022:
A total of 27 persons were referred to Home Office Immigration Enforcement by Police Service of Northern Ireland following a Schedule 7 Terrorism Act 2000 stop.
2. Safeguards to ensure that Schedule 7 Terrorism Act 2000 powers are not used for unlawful collateral purposes:
- Ports officers receive specific training with mandatory independent accreditation on Terrorism Act 2000 Schedule 7 legislative powers, and their implementation every 2 years.
- Terrorism Act 2000 Schedule 7 is not for any other purpose than for determining whether a person is nvolved in the Commission, Preparation or Instigation of acts of terrorism.
- Detainees are provided with a leaflet and explained verbally, in a language theyunderstand, that they are entitled to free independent legal advice and can have their relevant consulate informed.
- Every Detention is subject to ongoing review by a supervisor:
- - At least Sergeant rank (Reviewing Officer)
- - Ensures the ongoing necessity of the detention, the timeliness of the necessary enquiries and the welfare of the detainee.
- Every examination and detention is reported on a weekly basis to:
- - The Regional Senior Ports Officer ( Detective Chief Inspector or above)
- - The Borders Responsible Officer (Detective Superintendent or above)
- Monthly dip samples to quality assure the processes are undertaken.
- Examinations and detentions are subject to national review and scrutiny as part of the United Kingdom Counter Terrorism Borders Network, ensure we are compliant with national standards.
- Scrutiny of Schedule 7 stops are subject to oversight from external bodies including the Independent Reviewer of Terrorism Legislation as well as the Office of the Police Ombudsman of Northern Ireland.
- Ports officers receive regular European Convention on Human Rights training and refresher inputs throughout their service, which enshrines the principles of necessity and proportionality.
Sinead McLaughlin - SDLP