The Irish Times reported this morning that Gordon Brown has written to Ian Paisley
about the impact of e-borders on Northern Ireland. I have also received a response to my own related freedom of
information request.
I will post some more reaction when I get back to London, but the response is set out below:
Dear Mr Griffin
Thank you for your email of 23 November
2007, seeking information under the Freedom of Information Act 2000.
I have responded to your questions in the order in which they appear
in your email:1.
Following implementation of each stage
of the e-borders programme, what security checks will be applied to
travellers in the following areas:A) Air and sea travel between the Republic
of Ireland and Great Britain.B) Air and sea travel between Northern
Ireland and Great Britain.C) Air and land travel between the Republic
of Ireland and Northern Ireland.D) Travel within Great Britain.
Passenger, service and crew information
on all air and sea routes to and from the UK will be checked against
watchlists, enabling us to risk assess individuals in advance of travel.
In the case of British and Irish passengers travelling between the Republic
of Ireland and Great Britain by air and sea, passenger information will
be required to conduct customs and policing checks but not immigration
checks. e-borders data will not be collected on land travel between
the Republic and Northern Ireland. Section 14 of the Police and
Justice Act 2006 introduced a new police power to capture passenger
information on domestic air and sea journeys. Paragraph 8B below provides
further information about this power.In each instance, what specific items
of information will be collected about travellers, what forms of identification
will be acceptable, and what biographical, biometric and physical checks
will be made? What is the rationale for the given level of security
in each case?Passenger, crew and service data (both
passport data (Advanced Passenger Information- API) and booking data(Passenger
Names Records- PNR) will be collected on those travelling from the Republic
of Ireland to the UK by air and sea. The planned data fields are listed
at Annex A. Although it is not currently mandatory to carry passports/national
ID cards for travel within the CTA (Common Travel Area), for their own
purposes the air and sea carriers require evidence of identity, which
is normally photographic ID. It is not yet clear how passport
data will be collected by HMG on CTA routes. It is possible that passports
will need to be carried by CTA nationals in future to provide information
to e-borders. Analysis suggests that passports are already carried by
most passengers as tokens of identity on CTA routes. Differing
levels of scrutiny are necessary for passengers travelling to and within
the UK.2.
What arrangements will be applied
to travellers entering the Republic of Ireland, who may travel on to
the United Kingdom via the land border or otherwise?There are no fixed controls on either
side of the land border and we have no intention of introducing such
controls in the future. The Border and Immigration Agency, UK police
and the Garda National Immigration Bureau work collaboratively and run
regular intelligence-led operations to counter potential risks to all
intra-CTA borders. These joint operations have successfully detected
non-CTA nationals attempting to cross the border illegally in both directions.
As set out in the ‘Securing the UK Border’ strategy, March 2007,
the Border and Immigration Agency are looking at ways to strengthen
the CTA including examining whether such activity can be intensified.3.
What policies or arrangements has
the British Government a) sought and b) agreed with the Irish Government
to cover this eventuality?We have made clear to the Irish authorities
that we do not intend to impose immigration controls on the intra-Irish
border.4.
What data would be exchanged between
the British and Irish Governments as part of any such arrangements?
Would there be reciprocity in the exchange of data? In particular:A) What information would be provided
to the British Government about travellers entering the Republic of
Ireland?B) What information would be provided
to the Irish Government about travellers entering the United Kingdom?Both administrations work closely together
at every level. The ‘Securing the UK Border’ strategy has committed
to share more data with our Irish counterparts and increase the number
of joint operations.5.
What watchlists or other security
requirements would be provided by each goverment to the other? Would
there be reciprocity in the observation of such requirements?The Border and Immigration Agency maintains
a watchlist of adverse information and intelligence which is used to
inform immigration decisions. It is longstanding policy not to discuss
either the specific data held on this watchlist or the source of the
data. This information is stored in line with our strict data entry
criteria, ensuring accuracy and relevance of information, and complies
fully with the Data Protection Act. Watchlist data is routinely shared
with other jurisdictions, including Ireland, where it is proportionate
and of mutual interest to do so, and where appropriate safeguards are
in place.6.
What arrangements would there be for
the Irish Government to detain travellers or refuse entry to the Republic
of Ireland at the request of the British Government?Immigration authorities routinely exchange
information on passengers of concern. Consequent decisions about detaining
or refusing entry to passengers at the Irish or British border crossings
are operational matters for the law enforcement agencies in each country.
In the case of the Republic of Ireland, this is something which would
be determined by the Garda National Immigration Bureau.7.
What arrangements would there be for
the British Government to detain travellers or refuse entry to the United
Kingdom at the request of the Irish Government?As set out in response to Question 6.
8. How will any such arrangements
between the British and Irish Governments affect the requirement for
security checks in the following areas:A) Air and sea travel between the Republic
of Ireland and Great Britain.There is provision in the e-Borders contract
for the supplier to provide data on passengers travelling from the Republic
of Ireland to the UK. No decision has been made as to how this data
will be captured.B) Air and sea travel between Northern
Ireland and Great Britain.Section 14 of the Police and Justice
Act 2006 introduced a new power that will allow the police to capture
passenger, crew and service information on air and sea journeys within
the United Kingdom. The power will be brought into force by secondary
legislation in 2008. The specific police requirements under this power,
which will include details of the routes affected and data required,
are still under discussion within Government. Once the proposals have
been finalised they will be subject to a 12 week public consultation.
The police will use this data collected under this power to support
intelligence led interventions to counter terrorism and tackle serious
and organised crime.C) Air and land travel between the Republic
of Ireland and Northern Ireland.As set out in response to Question 2.
Please see above.Are there any examples of proposed security
checks in these areas that may be withdrawn in the event of such an
agreed British-Irish arrangement?No.
In keeping with the spirit and effect
of the Freedom of Information Act, all information is assumed to be
releasable to the public unless exempt. The Department will, therefore,
be simultaneously releasing to the public the information you requested
together with any related information that will provide a key to its
wider context.If you are dissatisfied with this response
you may request an independent internal review of our handling of your
request. Internal review requests should be submitted within two
months of the Border and Immigration Agency sending a substantive reply
to your original request and should be addressed to:Information Access Policy Team
6th Floor, West Wing
Block ‘C’
Whitgift Centre
Wellesley Road
Croydon
CR9 1AT
During the independent review the department’s
handling of your information request will be reassessed by staff who
were not involved in providing you with this response. Should you remain
dissatisfied after this internal review, you will have a right of complaint
to the Information Commissioner as established by section 50 of the
Freedom of Information Act.
Yours faithfully
Julie Gillis
Programme Director
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