e-Borders scheme 'illegal'?

The legality of the Government's e-Borders scheme to gather data on passengers entering and leaving the UK has been questionned. Giving evidence to the Home Affairs Select Committee, Marc Noaro, customer services director of Eurostar, said: ”It is not lawful for somebody who is not a law enforcement officer in France and Belgium to demand that information at check in.” He went on to say that even if the data were to be collected in France, under French law it could not lawfully be transmitted to the UK.

At the same session, Tim Reardon of the Chamber of Shipping, said if someone refused to provide the information and then was stopped from travelling, it could breach EU law allowing the free movement of people.

Originally the e-Borders scheme was intended to apply to travel to and from Ireland. The House of Lords has rejected Government proposals to introduce checks on UK and Irish citizens travelling in the Common Travel Area (CTA) between the two countries.