Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026.

My Lords, these regulations were laid before Parliament on 4 December. They will apply certain provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 to customs officials and immigration officers in Northern Ireland, thus fulfilling a commitment made by the Labour Government in 2009 during the passage of the Borders, Citizenship and Immigration Act, or BCIA, of that same year—that was a long time ago, but the Government have fulfilled its application—and replacing stop-gap measures used in the intervening years.

By way of what I hope is helpful background, Section 22 of the BCIA 2009 was intended as a temporary measure to ensure that customs officials transferring to the former UK Border Agency from HM Revenue & Customs had access to the PACE powers they needed to do their jobs. The ultimate intention at that time was to replace this measure in due course with a separate set of regulations that would apply the relevant provisions of PACE to customs officials and immigration officers investigating crime. This was achieved for England and Wales through the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013. However, it was not possible to make the same provision for Northern Ireland at the time; although I can potentially guess why that happened, I am not responsible for the decisions taken between 2010 and 2024.

Immigration officers have hitherto relied on statutory powers in the Immigration Acts to discharge their duties, but these do not provide adequate powers, nor do they allow for the level of interoperability and co-operation that is essential in the modern law enforcement environment. That brings me on to the two principal reasons for bringing these regulations forward before the Committee today. The first purpose is to replace the temporary application of PACE powers in respect of customs officials with a permanent legislative solution in Northern Ireland—one that grants those officers greater legitimacy and assurance in the use of their PACE powers.