Freedom of Information response on e-borders

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