The Act Commentary on Sections Schedule 11: Schedule to be inserted into the Protection of Children Act 1978 Section 41: Immigration and asylum enforcement functions: complaints and misconduct
319.This section enables the remit of the IPCC to be expanded to provide oversight of certain personnel in the Immigration and Nationality Directorate (IND) exercising specified enforcement functions. The IPCC was established under Part 2 of the Police Reform Act 2002.
320.Subsection (1) enables the Secretary of State to make regulations (subject to the negative resolution procedure) conferring functions on the IPCC in relation to the exercise of specified enforcement functions by immigration officers, and the exercise by officials of the Secretary of State of specified enforcement functions relating to immigration and asylum.
321.Subsection (2) provides that the reference to “enforcement functions” in subsection (1) includes reference to powers of entry, powers to search persons or property, powers to seize or detain property, powers of arrest and detention, powers of examination, and powers in connection with the removal of persons from the United Kingdom.
322.Subsection (3) provides that the regulations made under subsection (1) may not confer functions on the IPCC in relation to the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999, which relates to removal centres and detained persons.
323.Subsection (4)(a) provides for the IPCC to carry out for IND a similar role to that it performs in respect of police forces in England and Wales where it examines police complaint handling procedures and undertakes or supervises investigations of conduct and complaints. The subsection does not simply apply the relevant provisions of the Police Reform Act 2002 because the regulations will need to be tailored to the circumstances of IND. Under these regulations, the IPCC would be able to look at allegations of criminal conduct or gross misconduct within IND. Again reflecting the practice for the police, regulations could enable the IPCC to investigate directly, to supervise or manage an investigation, or to determine that there be an investigation by the appropriate authority (the IPCC may determine that there should be an internal investigation and that the IPCC may supervise or manage it), depending on the circumstances.
324.Subsection (4)(b) enables the Secretary of State to make provision under the regulations for payment by the Secretary of State to or in respect of the IPCC.
325.Subsection (5) provides that the IPCC and the Parliamentary Commissioner for Administration ("PCA") may disclose information to each other for the purposes of exercising their functions under this section and the Parliamentary Commissioner Act 1967 respectively.
326.Subsection (6) provides that the IPCC and the PCA may jointly investigate a matter in relation to which the IPCC has functions under this section and the PCA has functions under the Parliamentary Commissioner Act 1967.
327.Subsection (7) provides that regulations made under this section may only confer functions on the IPCC in relation to the exercise of enforcement functions in or in relation to England and Wales.