Section 7 of Terrorism Act

Date asked:
Board Member:Sinéad McLaughlin
Question type:Written

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