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1 DOVER DISTRICT COUNCIL Agenda Item No 15A REPORT OF DOVER DISTRICT COUNCIL Agenda Item No 15A REPORT OF THE MANAGING DIRECTOR NON-KEY DECISION EXECUTIVE CABINET – 20 JANUARY 2003 JUXTAPOSED CONTROLS IMPLEMENTATION, DOVER-CALAIS Recommendation That Cabinet determines the Council's response to the Government consultation on the implementation of juxtaposed controls.. Contact Officer: Ande Case, extension 2318. Reasons why a decision is required 1. The purpose of this consultation paper is to "set out the Home Office's approach to the implementation of provisions of the Nationality, Immigration and Asylum (NIA) Act 2002 for the establishment of border controls (juxtaposed controls) at Calais seaport …with reciprocity for French controls at Dover seaport." 2. UK Border Controls are to be implemented at Calais port with the French authorities to implement the same at Dover Eastern Docks. The controls in Calais will initially focus on immigration and anti-terrorism. Later this will be extended to DEFRA and the Vehicle Inspectorate. The primary purpose is to control the number of "inadequately documented passengers (IDAs) and clandestine entrants" arriving by ferry. The number of IDAs and clandestines by ferry is high and rising. Even so, the juxtaposed controls require a bilateral agreement between the UK and France so time is of the essence. 3. The UK Immigration Service (UKIS) already operate juxtaposed controls through the Channel Tunnel. This is full frontier control with "multiple agencies exercising the full range of their powers." 4. It is envisaged the juxtaposed controls will be phased in in three stages: • Phase 1 - Interim Measures UKIS are working at Calais with no formal legal powers at present and purely in a legal capacity. The intention is to make coverage a 24-hour operation as soon as possible. • Phase 2 - A partial Immigration and Police juxtaposed control A partial juxtaposed control will require a bilateral agreement, with supporting domestic legislation in both States, which will allow for the introduction of a control regime within agreed control zones. 1 • Phase 3 - a full Immigration and Police juxtaposed control Expand existing immigration and police controls to cover all traffic, including freight. 5. The Government believe there are several benefits to juxtaposed controls: • It will locate frontier controls close to check-in procedures • Detention / removal costs falling to the carrier should be eliminated • The local community should see a "significant reduction" in the number of asylum seekers requiring support in the Kent region • Closer co-operation with France on future immigration issues 6. The primary legislation for introducing the overall statutory basis was included in the NIA 2002, which was given Royal Assent on 7 November 2002. The secondary legislation is expected to be in place by Spring 2003. Phase 2 is likely to be implemented during Summer 2003. Phase 3 is subject to agreement and the implementation of changes to port traffic management and infrastructure. 7. The primary legislation (the NIA) has provided the legal basis for the powers necessary to operate a juxtaposed control and sets the framework within which seaport operators and UKIS personnel will have to work. However, there are several practical issues still to consider: 1. Cost At present, it is likely that the port authorities will provide these control facilities free of charge. The Regulatory Impact Assessment (attached) will be redeveloped, as actual costs will remain unknown until the juxtaposed controls are fully operational. 2. Control Facilities and Accommodation For Phase 2 office space and rest facilities will be required. 3. Port Configuration and Traffic Management This consultation only covers Calais to Dover ferries. However a similar service is run from Dunkirk. This means at present traffic flow will need to be segregated and congestion is a possibility. Pre-clearance, self-selection lanes and vehicle identification technology are under consideration to minimise this but other suggestions would be welcomed. 8. The consultation period lasts until 7 February 2003. Any comments on the proposals should be in writing to Barbara Wilson, Assistant Director, UK Immigration Service, Waterloo International, Waterloo, London, SE1 7LT. Alternatively email your response to [email protected] 9. The relevant part of the NIA and the draft regulatory impact assessment are attached as an appendix. 2 Evaluation of options available to the Council None. Information to be considered in taking the decision 10. Review of Asylum Seekers and Illegal Immigration from the Report of Scrutiny (Transport, Opportunity and Access) Committee. Specifically Inquiry Report 20. Background Papers Juxtaposed Controls Implementation, Dover - Calais : A Consultation Paper Resource Implications Requirement for Additional Budget Requirement from Current Budget Current Year Full Year N/A N/A Consultation Statement No consultation required. Impact on Corporate Objectives There is potential for the juxtaposed framework to impact upon the Council if the controls and measures referred to in the report are not successful. However, at this stage there should be negligible impact upon the Council and its objectives since this agreement exists between the Customs & Excise agencies. Attachments Extract from the Nationality, Immigration and Asylum Act 2002 Draft regulatory impact assessment NADEEM AZIZ Managing Director The officer to whom reference should be made concerning inspection of the background papers is the Corporate Performance Officer, White Cliffs Business Park, Dover, Kent CT16 3PJ. Telephone: (01304) 821199, Extension 2381. 3 .
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