381Ibid. at page 4.
382WeberL, “Inter-of.ce memorandum on United States customs directive on advanced passenger
information,” 7 June 2002 (not published).
3. The United Kingdom Position
A standing committee on the Draft Immigration (Leave to Enter Remain) Order 2000383 was .rst introduced by Mrs. Barbara Roche, Minister of State, Home Of.ce. During this parliamentary discussion, it was made clear that API systems were to have a dual positive impact: not only would it permit a rapid clearance process within an airport for the possibility for of.cials to detect the presence of potentially high-risk individuals. Furthermore, according to Roche, this will in no way diminish the role of customs of.cers who will have the possibility of examin-ing each passenger as well as their baggage and other belongings.384 She also stated that the immigration of.cer could still at any point of border control monitor the passenger traf.c and inspect the traveller.385
The UK, under this new legislation has enabled many different enforcement agencies in order to collect an intelligence map of potential high-risk individuals and prevent entry.386 Furthermore, under the assurance of such agencies, both carriers and government agencies determined that such API legislation would be applied through a very rigorous and fair process387 and compliance would have to be effective within the next 6 months period of time.
We can as well study the position of the major UK carrier, British Airways, towards the new American legislation pertaining to API and PNR access. In a letter
383House of Commons Standing Committee onDelegated Legislation, Draft Immigration (Leave to
Enter and Remain) Order 2000, online: http://www.hmso.gov.uk (date accessed: 4 March 2003). 384House of Commons Standing Committee on Delegated Legislation, Draft Immigration (Leave to Enter and Remain) Order 2000, p. 3: “The power to grant or refuse leave to enter before a person arrives in the UK has two bene.ts. Advance passenger information could pre-clear certain low-risk school groups and recognized reputable tour groups, thereby speeding their progress through immigration control and removing the need for detailed, individual examination on arrivals. Alternatively, we might send immigration of.cers overseas, with the agreement of the Government concerned, to address particular pressure points. It also allows us to take advantage of future technological developments such as biometrics. Such measures will bene.t the travelling public, carriers and the immigration service”.
385House of Commons Standing Committee on Delegated Legislation, Draft Immigration (Leave to Enter and Remain) Order 2000, p. 3: “As I said, the role of the immigration of.cer is not diminished, as he or she can still examine a person with continuing leave”.
386Regulatory Impact Assessment: Introduction to Extended Powers of Information Collection On Passenger and Goods, Schedule 7 to the Terrorism Act 2000 (Information) Order 2002, online: http://www.homeof.ce.gov.uk/atoz/pax_and_goods.pdf (date accessed: 8 November 2002) at point 12: “The measure will enable the police to build an intelligence picture which will allow them to target and track terrorists in a way that has become essential in the aftermath of September 11 and the subsequent ongoing campaign against the threat of global terrorism”.
387Regulatory Impact Assessment: Introduction to Extended Powers of Information Collection On Passenger and Goods, Schedule7to the Terrorism Act 2000 (Information) Order 2002, at point 39: “We are con.dent that the enforcement agencies would apply the legislation fairly, proportion-ately and appropriately requesting the information and the police utilizing it. This approach has been con.rmedby representatives of the police at meetings with the carriers”.
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