Under schedule 7 to the Terrorism Act 2000, counter-terrorism police have the power to stop, question and if necessary, detain and search individuals travelling through UK port and border areas for the purposes of determining whether a person is or has been involved in terrorism. Currently, officers may exercise schedule 7 powers only when an individual is located within a port or border area and their presence in such an area is as a result of them entering or leaving the UK.

The rise in numbers of those attempting to cross the channel illegally, particularly via small boats, means it is impractical to keep large numbers of people, some of whom are minors or in need of medical assistance, at a port or piece of coastline without adequate facilities. Transporting these individuals to locations once they have been detained or arrested under the immigration Acts often means that examining them under schedule 7 is not possible as they are no longer within a port.

New clause 12 seeks to extend the scope of schedule 7 so that individuals who are in detention under immigration provisions are eligible for examination at the location they are taken to following their initial apprehension under immigration powers. Individuals at these locations will be eligible for examination, provided the officer believes they arrived by sea, were apprehended under the immigration Acts within 24 hours of their arrival and it has been no more than five days since they were apprehended. The full suite of powers and safeguards under schedule 7 will apply, including access to legal advice for those detained over an hour. In line with amendment 79, the new clause will come into force two months after the Bill receives Royal Assent.

The new clause will add a further layer to protect our national security by ensuring those who arrive in the UK illegally by sea can be examined for the purpose of determining their involvement in terrorist activity under the same power as if they had passed through conventional border controls.