Against backdrop of Windrush and debate around “hostile environment” powers an important amendment (38, 45 and 55) to EU Withdrawal Bill will be tabled this afternoon from Baroness Kennedy that again raises spectre of racial profiling and border controls
Much of the focus of the debate on the Irish land border (and also on movement between NI and the rest of the UK) has focused on the freedom of movement of goods rather than the freedom of movement of people NI. See CAJ Briefing bit.ly/2vMahcp
Amendments 38, 45 and 57 tabled by Baroness Kennedy of the Shaws would preclude any amendments to provisions in the 1971 Immigration Act that prevent passport control in the Common Travel Area
The CTA = an open borders area comprising the United Kingdom of Great Britain and Northern Ireland, Ireland, the Isle of Man, and the Channel Islands
Passport controls on local journeys in the CTA are currently precluded in UK law by virtue of s1(3) of the Immigration Act 1971 which says journeys aren't subject to (passport/border) ‘control’ under this Act and gives the statutory basis for freedom of movement within CTA.
Just as fixed border controls on persons crossing land border would be impractical and conflict with provisions of Belfast/Good Friday Agreement equally problematic would be ‘non routine’ controls that target perceived non-CTA (British/Irish) citizens on basis of racial profiling
Whilst Government committed on-the-record that it was its ‘ambition and policy’ for no land border checks and no racial profiling the current climate suggests government may amend 1971 Immigration Act with law enforcement bodies already vowing ‘intensification campaigns’
Recent and documented cases have exposed disproportionate checks for EU migrants including querying of entitlements alongside unexplained high use of Terrorism Act (TACT) Schedule 7 port and border control powers, without any resultant TACT detentions
