Impact assessment

Police and Criminal Evidence (Northern Ireland) Regulations 2026 – equality impact assessment

Published 4 December 2025

Applies to England, Northern Ireland and Wales

 1. Name and outline of policy proposal, guidance, or operational activity

Title: The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to immigration officers and designated customs officials in Northern Ireland) and Consequential Amendments Regulations 2026.

This EIA supports Michael Cunningham’s submission of 04 July 2025. These Regulations will confer the provisions of the Police and Criminal

Evidence (Northern Ireland) Order 1989 (PACE NI Order 1989) to immigration officers and designated customs officials in Northern Ireland. It will also repeal Section 22 of the Borders, Citizenship and Immigration Act (BCIA) 2009, which provided for the PACE (Application to Revenue and Customs) Orders of 2007 to apply to designated customs officials undertaking criminal investigations in Northern Ireland, thereby affording customs officials in Border Force PACE powers.

This would be achieved by utilising the Home Secretary’s order making power as set out in Section 23 of the Borders, Citizenship and Immigration Act 2009 (BCIA). The Regulations would bring those officers in Northern Ireland to a parity of powers enjoyed by their colleagues in England and Wales, as set out in the PACE (England and Wales) Order 2013.

Immigration criminal investigations carried out by the Home Office are the responsibility the Criminal and Financial Investigations (CFI) arm of Immigration Enforcement. At present, CFI investigative officers operating in NI have a number of lacunas in their powers compared to their colleagues operating in England and Wales, some of the most salient of these include general seizure powers (Section 19 PACE), Special Procedure search warrants (Schedule 1 PACE) and powers of search (Sections 18 and 32 PACE).

These gaps in power currently present a significant negative impact on the organisation’s regional operational capabilities, including obtaining evidence against Organised Immigration Crime Group (OICGs). Conferring the relevant PACE powers would ensure that these capabilities are strengthened and put CFI NI’s investigative powers and standing on the same footing as their colleagues in England and Wales.

For customs investigations, Border Force customs designated officers are currently able to invoke relevant PACE powers in Northern Ireland by dint of glossing the 2007 HMRC Application Order which applies the PACE NI Order 1989. This was originally intended to be a temporary remedy, undertaken at a time when there was a mass pending application to the Home Office in line with the respective PACE England and Wales Order. These Regulations would regularise the legislative footing of customs designated officers, removing the need to rely on the previous 2007 HMRC Order.

The proposed reforms are:

• Confer onto immigration officers and designated customs officials in Northern Ireland the same powers under PACE as their counterparts in England and Wales.
• By way of repealing (under affirmative procedure) Section 22 of the Borders, Citizenship and Immigration Act (BCIA) 2009: disapply the Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007. This will be directly superseded by the new Regulations.

This EIA considers the equalities’ impacts of those proposals and their compliance with the PSED under the Equality Act 2010.

2. Summary of the evidence considered in demonstrating due regard to the Public-Sector Equality Duty.

The Public Sector Equality Duty (PSED) contained in section 149 of the Equality Act 2010 requires public authorities to have due regard to several equality considerations when exercising their functions. Account must be taken of the impact on the protected characteristics of race, disability, sex, age, gender reassignment, religion or belief, pregnancy and maternity, sexual orientation and, in certain circumstances, marriage and civil partnership.

Under section 149 of the Equality Act 2010 (“the 2010 Act”), the PSED requires public authorities, in the exercise of their functions, to have due regard to the need to:

• eliminate discrimination, harassment, victimisation and any other conduct prohibited by the 2010 Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

“Exercising public functions” includes making Immigration Rules and setting policy and may also include a decision to take no action. Failure to carry out the duty when taking decisions is a ground of public law challenge and the courts may quash any decision which has been taken without a thorough analysis of the duty.

Properly carrying out the duty in this scenario requires consideration of all eight protected characteristics under the 2010 Act against the three limbs of the duty (see above), including consideration as to whether any adverse impacts on particular groups of persons may be mitigated or justified.

Schedule 18 to the 2010 Act sets out exceptions to the PSED. In relation to the exercise of immigration and nationality functions, section 149(1)(b) – advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it – does not apply to the protected characteristics of age, race (insofar as it relates to nationality or ethnic or national origins) or religion or belief.

Schedules 3 and 23 to the 2010 Act permit the authorisation of discrimination in relation to age, nationality, national or ethnic origins, or place or duration of evidence in certain circumstances. This includes where the discrimination is authorised by the Immigration Rules. However, it is still necessary to consider the justification for any discrimination and the impact on equalities as a matter of public law, including in particular compliance with the European Convention on Human Rights (“ECHR”).

Direct discrimination is treating someone less favourably because of one or more protected characteristics, and indirect discrimination is doing something in a way that has a less favourable impact on someone who shares a protected characteristic than it does on others who do not share it, and that treatment cannot be objectively justified. The test to be applied is whether an individual would have received the less favourable treatment if they did not have the protected characteristic.

The Common Travel Area (CTA) in existence between Ireland and the United Kingdom provides major benefits (economic, cultural, and societal) to those who live and work in both jurisdictions and enables and encourages the free movement of goods, money, people and information. However, it also provides opportunities for exploitation by criminals, illegal immigrants and extremists who use the border to facilitate and enable criminality including Organised Immigration Crime.

There is recognition that once inside the CTA, many illegal entrants can become effectively untraceable, creating obvious opportunities for smuggling gangs and those intent on profiting from the misery their activity causes. The land border between the RoI and UK is not subject to regular border patrols or checks when crossing. As a result of this, it is almost certain that the scale of offending and exploitation recorded by official statistics does not capture the entirety of the threat faced by the UK through exploitation of the CTA.

The policy as assessed here is intended to empower immigration officers and designated customs officials to address and reduce the abuse of the Common Travel Area, increasing interoperability with other law enforcement partners.

This Equality Impact Assessment seeks to utilise the limited evidence available to us to communicate the need for greater PACE powers to be conferred to those officers to combat OIC and excise crime in the Northern Irish CTA.

This EIA draws, in part, from information provided by the Multi-Agency Hub CAUSEWAY (MAH CAUSEWAY). This is the multi-agency group responsible for monitoring the Northern Irish CTA, producing weekly, monthly and quarterly analytical products. These are OFFICIAL-SENSITIVE, and the data extracted has been sanitised for the purposes of this EIA.

The demographic data used in this EIA has been provided by colleagues in Immigration Enforcement and Border Force operating in Northern Ireland. As above, it is OFFICIAL-SENSITIVE and has been sanitised for inclusion in this EIA. The data available for both customs and immigration pertains to encounters between individuals and immigration or customs officers in Northern Ireland.

For customs encounters, information of the protected characteristics of individuals encountered are recorded by the attending officer but this information is not centrally collated. The dataset used is a record of all personal searches carried out by customs officers in NI since 2019. This is a fairly limited sample size, encompassing fewer than 50 individuals.

Nationality, gender and age are the protected characteristics recorded in this data set.

For immigration encounters, there is a much greater volume of data to work from, provided by the MAH CAUSEWAY. This comprises data from all inland and ports (maritime and airports) encounters with immigration officers from the beginning of 2023 until the end of 2024 (reporting not yet being available for 2025 at time of writing) and encompasses around 5000 data points. The inland data includes information on individuals’ gender and nationality, whilst the port data includes gender, nationality and age.

3a. Consideration of limb 1 of the duty: Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act

No risk has been identified suggesting that the changes will increase instances or length of immigration detention or custodial sentences for any protected group or nationality. Whilst relevant officers in NI will have more powers conferred onto them, this is not expected to result in a notable upswing in the raw number of individuals arrested or prosecuted for immigration or customs offences. The changes are intended to improve interoperability with between CFI, Border Force and police and provide additional legislative tools to tackle organised immigration crime, making their existing responsibly of preventing abuse of the CTA more effectively dischargeable.

With this in mind, no risk has been identified indicating that any resulting greater number of arrests or prosecutions will directly disadvantage any single protected group or nationality. Prosecution is entirely dependent upon whether the evidence provides grounds based on the actions and behaviour of any individual; it is not targeted at any nationality or group. Where there are nationalities whose prosecution is more prevalent, this is because of other contributory factors such as fluctuating trends in the movement of various national groups and the geo-political circumstances that cause that movement.

Age

Reporting from the Causeway Multi-Agency Hub indicates that, between 2023 and 2024, the majority of individuals encountered by immigration officers at ports in Northern Ireland (age is not recorded in data for inland encounters) were aged between 18 and 45, with the smallest portion of the cohort consisting of those aged over 70 (1%). There are also comparatively low numbers of encounters with individuals under the age of 18 in the same time period (9%). For customs, there were no recorded encounters with anybody over 70 years of age or under 18.

Direct discrimination

We do not anticipate that these changes will result in direct discrimination towards people with this protected characteristic.

Indirect discrimination

The Home Office accepts that elderly people (defined as 70+ by the Adults at Risk policy) may be adversely affected by serving a custodial sentence, or undergoing arrest and / or prosecution, given that infirmity increases with age. Older people are also more likely to suffer from physical disabilities or have particular medical needs (if an individual under 70 is infirm because of their advancing age, they should also be considered to belong to this protected group.) There is a possibility that conferring additional powers to immigration officers and designated customs officials in NI could increase the overall number of arrests and prosecutions which could be undertaken by these officers and, by extension, a higher likelihood that any of the people subject to these may be over the age of 70.

There is, however, a general presumption against the imprisonment of elderly people, as it is recognised that infirmity increases with age. Should this impact an individual’s level of resilience, then it could be assumed that a custodial sentence would have a disproportionate impact on the elderly. Furthermore, as stated above, just 1% of the overall cohort were in the over 70 category, suggesting that the number effected will be minimal.

It is however up to the Courts in determining an appropriate sentence to gauge the potential risks on a case-by-case basis should such proceedings be brought against such an individual, as this policy does not differentiate based on age.

As stated above, roughly 9% of the cohort encountered at Northern Irish ports by immigration officers are under the age of 18, some of them being younger children. We understand that many of these will be dependents of other individuals within the wider cohort. Children whose parents are being arrested and potentially prosecuted for immigration or customs offences may be indirectly affected should the parent/s receive a custodial sentence leading to family separation and / or the need to source alternative care arrangements for the child / children to be taken care of by social services. Such separation can cause significant trauma for both child and parent. The mitigation of such impacts would fall to the Courts to take into consideration the needs of any dependent children as well as Article 8 of the ECHR when deciding upon a suitable sentence for individuals in such situations. Furthermore, the Home Office complies with the section 55 guidance of the Borders, Citizenship and Immigration Act 2009, which requires us to carry out our functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK and will continue to do so in the developing of this policy.

As the majority of individuals encountered by immigration and customs officials are aged 18 and 45, individuals in this age group are more likely to be arrested and potentially prosecuted and therefore indirectly discriminated against. We do not however consider that these changes will have a disproportionate impact upon people with this protected characteristic, but to the extent that they do, we consider that this is a proportionate means of achieving the legitimate aim set out above.

Disability

For the purposes of the Equality Act 2010, disability is described as being: “A physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on an individual’s ability to carry out normal daily activities.” Data about disability is not recorded for encounters with individuals by either immigration or customs officers in Northern Ireland. Therefore, it is impossible to extrapolate what proportion of the wider cohort are, in any way, disabled and so also impossible to fully gauge how the proposed changes may impact people with disabilities.

Direct discrimination

Current processes and procedures in place for preventing abuse of the CTA do not differentiate in their application to individuals based on whether they possess a disability or not. This will not change once NI officials have the same powers as those in England and Wales – they will remain dedicated to detecting immigration and customs offending in the region, regardless of the health of the suspected perpetrator.

As such, the Home Office has not, at this present time, identified anything that would indicate that the conference of additional PACE powers onto immigration officers and custom designated officials in Northern Ireland would have a meaningful, direct differential impact in respect of the protected characteristic of disability.

Indirect discrimination

It is possible that some individuals with disabilities may be adversely affected by serving a custodial sentence due to health care needs which cannot always be easily accommodated. It is however the duty of the UK Protected Persons Service (UKPPS) to ensure suitable health care provisions for such individuals.

Reasonable adjustments

There is an additional duty under the Equality Act to make reasonable adjustments for a person who is placed at a substantial disadvantage because of their disability when compared to a person who does not share their disability. It is the responsibility of the Courts when determining the appropriate sentence for anybody with a disability to consider any adverse effects that could arise as a result of their disability.

We do not consider that these changes will have a disproportionate impact upon people by virtue of disability, but to the extent that they do, we consider that this is a proportionate means of achieving the legitimate aim set out above.

Gender reassignment

The Equality Act defines a transsexual person as someone who is proposing to undergo, is undergoing, or has undergone a process (or part of a process) for the purpose of reassigning their sex by changing physiological or other attributes of sex. Section 43 of the Act provides that the protected characteristic also applies in cases in which a person decides to spend the rest of their life in the opposite gender without seeking medical advice or without medical intervention.

Data is collated on the gender of individuals encountered by immigration and customs officers in NI. Between 01 January 2023 and 31 December 2024, less than 0.1% of the cohort was recorded as being “transgender”. With such a small representation within the wider cohort, it is very unlikely that high numbers of transgender people will be affected by these changes in any way.

Direct discrimination

Individuals will not be judged or prosecuted based on gender reassignment, nor will their gender identity make them more or less likely to find themselves arrested for a suspected offence. We therefore do not consider that this proposal raises issues of direct discrimination in respect of this protected characteristic.

Indirect discrimination

The Home office accepts that transsexual people are more likely to be victims of bullying.^{[footnote 1]} They therefore may be adversely affected by being detained in close proximity to other individuals, some of whom may hold trans-phobic views. Individuals may also require specific medical interventions (in particular provision of hormone treatment) and access to appropriate clothing/make-up allowing them to “pass” in their acquired gender.

By increasing the likelihood of all individuals arrested for immigration or customs offences in Northern Ireland, the proposal incurs a slight risk of potentially increasing the likelihood that transsexual people are subjected to longer periods in which they may be vulnerable. However, whether a transgender person is detained is decided solely by the Courts who base decisions on all the evidence provided and taking into account any potential vulnerability on a case-by-case basis. Northern Ireland Prison Service also have guidance in place on the care and management of individuals who are transgender to ensure any negative impacts on this group are mitigated whilst in prison.

We do not consider that these changes will have a disproportionate impact upon transgender people, but to the extent that they do, we consider that this is a proportionate means of achieving the legitimate aim set out above.

Marriage and civil partnership

Data from encounters with immigration and customs officers in Northern Ireland do not collate information on the marital or civil partnership status of the individual/s. As such it is not possible to determine fully how these individuals will be affected by this proposal.

Direct discrimination

Individuals will not be arrested or prosecuted by virtue of being married or in a civil partnership or not. We therefore do not consider that this proposal will cause direct discrimination on the grounds of marriage/civil partnership.

Indirect discrimination

Individuals who are married or in a civil partnership and receive a custodial sentence as a result of this proposal may well be anxious as a result of being separated from their partner. However, we do not consider that this change will have a disproportionate impact upon people of any particular marital status, but to the extent that they do, we consider that this is a proportionate means of achieving the legitimate aim set out above.

Pregnancy and maternity

Since the commencement of section 60 of the Immigration Act 2016, a central record is now held recording information relating to pregnancies in immigration enforcement cases.

Data about pregnancy and maternity is not recorded for encounters with individuals by either immigration or customs officers in Northern Ireland, as such it is not possible to determine fully how these individuals will be affected by this proposal.

Direct discrimination

Individuals will not be arrested, prosecuted or judged by virtue of being pregnant and so this proposal will not result in direct discrimination on the grounds of pregnancy or maternity.

Indirect discrimination

According to the Royal College of Midwives, pregnant women are uniquely vulnerable in detention because of their healthcare needs. There is a possibility that conferring additional powers to immigration officers and designated customs officials in NI could increase the overall number of arrests and prosecutions which could be undertaken by these officers and, by extension, a higher likelihood that any of the people subject to these may be pregnant.

The proposal therefore incurs a slight risk of potentially subjecting pregnant women to longer periods in which they would be vulnerable. Furthermore, under the proposals, should a pregnant woman receive a custodial sentence of 18+ months it could risk separation from the child as children are only permitted to remain in prison for 18 months. However, this is decided solely by the Courts who base decisions on all the evidence provided.

We do not however consider that these changes will have a disproportionate impact upon people who are believed to be pregnant, but to the extent that they do, we consider that this is a proportionate means of achieving the legitimate aim set out above.

Race

The Home Office does not collect data on ethnicity in relation to immigration enforcement and no operations are mounted that target specific ethnic groups. Similarly, this data is not recorded for customs enforcement either.

If an immigration function is designed to directly impact on a national group, it is in relation to regulations made in relation to that national group allowed under immigration law – such as the imposition of a visa requirement on a particular country.

Data on individual’s nationalities is recorded during encounters with immigration and customs officers in NI.

Between 01 January 2023 and 31 December 2024, the top 10 recorded nationalities encountered by immigration officers in NI were:

Nationality	% of overall cohort
Somalia	10.3%
Syria	8.2%
Romania	7.7%
Eritrea	7.3%
Albania	5.8%
Iran	5.6%
Afghanistan	3.8%
Jordan	3.7%
Algeria	3.6%
Pakistan	2.8%

For encounters with customs designated officials, the full nationality breakdown was:

Nationality	% of overall cohort
UK	26.36%
Republic of Ireland	26.36%
USA	5.26%
Ghana	5.26%
Bulgaria	5.26%
Colombia	5.26%
Malaysia	5.26%
Portugal	5.26%
Spain	5.26%
Lithuania	5.26%
Netherlands	5.26%

Direct discrimination

The proposed changes apply equally to all individuals who are encountered by immigration or customs officials in NI. We do not consider there to be any direct discrimination on the grounds of race, beyond that permitted by Schedule 3 of the Equality Act 2010.

Indirect discrimination

The proposal will affect some nationalities more than others, namely those captured in the table above and other groups who may, for whatever reason, become more represented in the cohort in the future. Those who commit immigration and / or customs offences in Northern Ireland are a self-selecting cohort. There may therefore be a differential impact on individuals of those nationalities who are most represented under this category.

We consider that any indirect differential impact of the proposed changes on individuals of these nationalities is reasonable and justified on the basis that it is in pursuit of the legitimate aims of:

• addressing the issue of those employing methods of exploitation of the UK and / or vulnerable people through abuse of the Common Travel Area.
• disrupting the activities of people involved in organised criminal networks.

The Home Office accepts that certain individuals are more likely to be victims of bullying by virtue of their particular national/ethnic origins. Such persons may therefore be disproportionately affected by being detained in close proximity to other detainees who may, for example, hold racist views.

Certain detainees, depending on their particular ethnic/cultural background, are also likely to have objections to being searched by a member of staff of the opposite sex to themselves, or to undergoing medical examinations by a healthcare professional who is not of their own sex. A person’s ethnic/national origins may also be a relevant factor in relation to the food they eat and the clothes they wear, which might not be easily facilitated whilst in prison.^{[footnote 2]}

Religion or belief

An individual’s religion is not recorded or asked for during encounters with customs or immigration officers in NI The religious beliefs of those encountered by immigration or customs officers in NI is highly likely to reflect the religious demographic of the nationalities involved (see table above). These characteristics are, however, entirely incidental to the issue of whether immigration offences have been committed.

Direct discrimination

Individuals will not be judged or prosecuted by virtue of their religion or beliefs, therefore his proposal will not cause direct discrimination on grounds of religion or belief.

Indirect discrimination

The Home Office recognises that individuals may require the provision of specific facilities to allow them to practice their religion whilst in prison. An individual’s religion may also affect the food they eat and/or clothes they wear. Where this is the case, individuals that have been handed a custodial sentence by the Courts will be adversely affected if the appropriate provision is not available. However, of itself, the proposal to increase the powers available to immigration and customs officers in NI does not have any impact on the provision of religious facilities available to individuals detained, as this falls under the remit of the Northern Ireland Prison Service. There is therefore no reason to believe that the impact of the proposal on individual religions (and of no religion) is likely to be anything other than low.

The changes may have a disproportionate impact upon people of certain religions or beliefs, but to the extent they do, we consider that this is a proportionate means of achieving the legitimate aim set out above

Sex

The Home Office has several policies and instructions which work together to ensure that those meeting the Equality Act definition of sex will not be directly or avoidably indirectly disadvantaged in the application of this proposed change.

Policy guidance in relation to gender, and any necessary mitigation, is contained in various parts of Immigration Enforcement General Instructions. Relevant to the scenarios being assessed here are guidance relating to Arrest and restraint, Enforcement interviews, Search and seizure. These provide information concerning the use of force, powers and methods of search, conduct of investigative interviews and respect for cultural needs and privacy which will be relevant to the process followed for processing those who are arrested by immigration or customs officials in NI.

Between 01 January 2023 and 31 December 2024, the gender split of the cohort encountered by immigration officers in NI was:

Sex	% of overall cohort
Male	75.2%
Female	24.7%
Transexual	<0.1%
Not recorded	0.1%

For customs encounters, it was:

Sex	% of overall cohort
Male	36%
Female	64%
Transexual	0%
Not recorded	0%

Direct discrimination

Whilst data shows that there are significantly more males than females encountered by immigration or customs officers in NI, no individual will be targeted for or excluded from arrest or prosecution under this proposal by virtue of their sex. We therefore do not consider that this proposal raises issues of direct discrimination in respect of this protected characteristic.

Indirect discrimination

Data shows that men are more likely to be encountered by immigration or customs officers in NI, and therefore it is likely that they will be more frequently arrested and prosecuted thereby constituting indirect discrimination. We do not, however, consider that these changes will have a disproportionate impact upon people of any particular sex, but to the extent that they do, we consider that this is a proportionate means of achieving the legitimate aim of this proposal.

Sexual orientation

Data collated on from encounters with immigration and customs officers in NI is not broken down by sexual orientation, as such it is not possible to determine how these individuals will be affected by this proposal.

Direct discrimination

Individuals will not be arrested, prosecuted or judged based on their sexual orientation and will be treated equally. This proposal therefore does not raise issues of direct discrimination in respect of this protected characteristic.

Indirect discrimination

The Home Office recognises that, where an LGBTQ individual’s sexuality is openly expressed, they may be more likely to be victims of bullying and therefore be adversely affected by serving a custodial sentence. Sentencing decisions lie solely with the Courts however, and whilst all available evidence will be addressed it is not considered necessary to presume against a custodial sentence. Just consideration of the needs of LGBTQ individuals whilst in prison is the responsibility of Northern Ireland Prison Service.

We do not consider that these changes will have a disproportionate impact upon people of any particular sexual orientation, but to the extent that they do, we consider that this is a proportionate means of achieving the legitimate aim of this proposal.

3b. Consideration of limb 2: Advance equality of opportunity between people who share a protected characteristic and people who do not share it

The policy/legislation changes are in pursuit of the legitimate aims of:

• conferring PACE powers already exercised in England and Wales to immigration officers and customs designated officials in Northern Ireland.
• addressing the issue of those employing methods of exploitation of the UK and / or vulnerable people through abuse of the Common Travel Area.
• disrupting the activities of people involved in organised criminal networks.

In making these changes, we continue to engage with other departments as required, including the Northern Ireland Office and the Northern Ireland Executive.

Age

The proposed changes apply equally to all.

The criminal justice system sets the age of criminal responsibility. In Northern Ireland, this is set at 10 years, as it is in England and Wales (it is 12 in Scotland). Between 01 January 2023 and 31 December 2024, roughly 4.6% of individuals encountered by immigration officials in NI were under the age of criminal responsibility, whilst roughly 8.6% were under the age of 18 (this is for ports encounters only, as inland encounters do not record age).

Sentencing guidelines include age and/or lack of maturity as a factor, where it affects the responsibility of the offender. Ultimately, it is a decision for the NI Public Prosecutions Service to take on whether or not to look to prosecute any individual over the age of criminal responsibility, and this will be based on the evidence available to them as well as any other relevant factors.

Disability

While the changes do not directly take account of disability issues, sentencing guidelines include consideration of mental disorders, developmental disorders or neurological impairments.

The Home Office also has several policies and instructions which work together to ensure that those meeting this Equality Act definition of disability are not directly or indirectly disadvantaged and which will continue to remain relevant in applying these changes. These policies and instructions include the Identifying people at risk guidance which supports staff in identifying disability and the Adults at Risk in Immigration Detention policy which provides specific safeguards and sets out that those with a serious disability would be regarded as being at risk in detention.

Gender reassignment

The proposed changes apply equally to all.

The Home Office has several policies and instructions which work together to ensure that those meeting this Equality Act definition of gender reassignment are not directly or indirectly disadvantaged. These continue to remain relevant in applying these changes.

Should an individual who has proposed, started or completed a process to change their gender be encountered by the immigration or customs officers in NI, standard protocols contained in General Instructions; Search and seizure and Detention guidance contains specific guidance where appropriate on the sensitive treatment of such individuals to preserve privacy and dignity – particularly during arrest, search or detention. Should consideration be given to detention of these individuals, the Adults at Risk in Immigration Detention policy provides safeguards for those with this protected characteristic and an individual is detained only if the immigration factors outweigh the risk factors to displace the presumption that individuals at risk should not be detained.

Maternity and pregnancy

The proposed changes apply equally to all.

The Home Office has several policies and instructions which work together to ensure that those meeting the Equality Act definition of pregnancy and maternity are not directly or indirectly disadvantaged which will continue to remain relevant in applying the proposed changes. These policies and instructions include Identifying People At Risk and Detention guidance and Detention of pregnant women. Pregnant women who may be detained for suspected immigration or customs offences come within the scope of the Adults at Risk policy.

Race

The proposed changes apply equally to all. As stated above, certain nationalities are encountered by customs and immigration officers more frequently than others in NI and so there may therefore be a differential impact on individuals of those nationalities who are most represented under these categories.

The Public Prosecution Service applies a public interest test for all prosecutions which takes into account whether a person has sought asylum, and they may wait to see whether refugee status is granted before deciding whether a prosecution should be pursued.

We have a proud history of providing protection to those who need it, and all policy measures will uphold our international obligations.

Religion or belief

An individual’s religion is not recorded or asked for during encounters with customs or immigration officers in NI. As stated above, certain nationalities are encountered by customs and immigration officers more frequently than others in NI and it is reasonable to assume that the cohort’s religious make up would broadly follow what could be expected along the lines of said nationalities.

These characteristics are incidental to the issue of whether immigration offences have been committed.

Sex

The proposed changes apply equally to all, but based on the evidence available, will disproportionately affect males.

As noted under limb 1 considerations there are several policies which work together to mitigate risks of direct and indirect discrimination on the basis of gender. Relevant to the scenarios being assessed here are guidance relating to Arrest and restraint, Enforcement interviews, Search and seizure. These provide information concerning the use of force, powers and methods of search, conduct of investigative interviews and respect for cultural needs and privacy which will be relevant to the process followed for processing those who abuse the CTA.

If detention is assessed as being necessary to enforce an individual’s removal there are policies in place to safeguard those who are considered to be an adult ‘at risk’ in immigration detention as a result of having faced sexual or gender-based violence and specifically to provide consistent standards for the treatment of women in immigration detention and under escort. See: Adults at Risk in Immigration Detention and detention services order on women in detention. The same protections and safeguards in prisons are the responsibility of the Northern Ireland Prison Service.

Sexual orientation

The proposed changes apply equally to all.

Training and various safeguarding frameworks work together to ensure that those meeting this Equality Act definition on the grounds of sexual orientation are not directly or indirectly disadvantaged.

For example, LGBT training (and refresher training), developed in cooperation with corporate partners, is provided to officers throughout the Home Office.

This supports equality of opportunity in applying the proposed changes. Specific guidance is provided on factors for consideration during searches, or where detention is considered which will both be applicable to the processing of migrants using irregular methods to enter, or arrive in the UK and those who facilitate illegal entry to the UK.

For those whose removal is pursued, detention may be considered necessary to enforce removal. Safeguarding and protection is provided through a robust framework of safeguards which are applicable for all detainees, including a comprehensive set of operating standards which sets out the required auditable minimum level of care and service across all aspects of IRCs. The same protections and safeguards in prisons are the responsibility of the Northern Ireland Prison Service.

3c. Consideration of limb 3: Foster good relations between people who share a protected characteristic and persons who do not share it

The proposed changes apply equally to all. There are certain groups, under the protected characteristics of age, race and sex who are most represented in the data on the basis that they are statistically more likely to be encountered by immigration or customs officials in Northern Ireland. As these groups are most represented, they are likely to be most impacted by the proposed changes and it may be perceived as indirect discrimination.

We consider that any indirect differential impact of the policy on these groups is reasonable and justified on the basis that it is in pursuit of the legitimate aims of:

• addressing the issue of those employing methods of exploitation of the UK and / or vulnerable people through abuse of the Common Travel Area.
• disrupting the activities of people involved in organised criminal networks.

By making these changes we are seeking to more greatly enable immigration and customs officers in Northern Ireland to deter individuals from seeking to exploit the UK by way of abusing the CTA and disrupting the operation of criminal groups targeting the UK. Our proposed changes are not targeted at any specific group or demographic, instead the focus is on making the work of relevant officers in Northern Ireland more effectively and efficiently dischargeable.

Age

The proposed changes apply equally to all. In relation to prosecutions, the criminal justice system sets the age of criminal responsibility. In England this is set at 10 years. Sentencing guidelines take account of where age/maturity is relevant to the offence.

Disability

The proposed changes apply equally to all. The proposed changes do not make separate provision in relation to disability and do not make a distinction between those affected by this protected characteristic and those not affected. Sentencing guidelines take into account where this is relevant to the offence.

Gender reassignment

The proposed changes apply equally to all and do not make separate provision in relation to gender reassignment and do not make a distinction between those affected by this protected characteristic and those not affected. We do not consider it necessary to do so.

Maternity and pregnancy

The proposed changes apply equally to all. The policy/legislative changes do not make separate provision in relation to maternity and pregnancy and do not make a distinction between those affected by this protected characteristic and those not affected. We do not consider it necessary to do so.

Race

The proposed changes apply equally to all. As stated above, certain nationalities are encountered by customs and immigration officers more frequently than others in NI and so there may therefore be a differential impact on individuals of those nationalities who are most represented under these categories.

If an immigration function is designed to directly impact on a national group, it is in relation to regulations made in relation to that national group allowed under immigration law – such as the imposition of a visa requirement on a particular country.

As stated above, the conference of additional PACE powers onto immigration and customs officers in Northern Ireland is intended to assist in the effective and efficient discharge of the roles’ respective responsibilities, not to target any specific demographic or group of people transiting the CTA.

Religion or belief

The proposed changes apply equally to all. Individuals encountered by immigration and customs officers in NI are highly likely to reflect the religious demographic of the primary nationalities involved (see above consideration on ‘Race’). These characteristics are however incidental to the issue of whether immigration offences have been committed.

The policy/legislative changes do not make separate provision in relation to religion or belief and do not make a distinction between those affected by this protected characteristic and those not affected. We do not consider it necessary to do so.

Sex

The proposed changes apply equally to all. However, statistical evidence shows that the largest group of all those encountered by immigration or customs officers in NI are young, adult males. The changes will therefore have a greater negative impact on males.

Gender has no bearing on whether to enforce immigration or customs law and is not a determining factor in operational planning except where gender is associated with one or more other protected characteristics.

The policy/legislative changes do not make separate provision in relation to sex and do not make a distinction between those affected by this protected characteristic and those not affected. We do not consider it necessary to do so.

Sexual orientation

The proposed changes apply equally to all. The policy/legislative changes do not make separate provision in relation to sexual orientation and do not make a distinction between those affected by this protected characteristic and those not affected. We do not consider it necessary to do so.

4. Summary of foreseeable impacts of policy proposal, guidance or operational activity on people who share protected characteristics

Protected characteristic group	Potential for positive or negative impact?	Explanation	Action to address negative impact
Age	Negative	We are aware that elderly individuals (70+) are more vulnerable in a prison setting, potentially putting older people in a vulnerable position for a longer period of time if convicted of an immigration or customs offence. Additionally, data has identified that some age groups are more likely to be encountered by immigration or customs officers in Northern Ireland and therefore might be impacted disproportionately. There is also the chance that children could be negatively impacted if their parents (upon whom they depend) are prosecuted.	Age will never be a factor in which individuals are arrested by immigration or customs officers in Northern Ireland. Charging decisions and sentencing guidelines are the responsibility of the NI Public Prosecution Service. Home Office policy will keep this part of the assessment under review as the changes are operationalised.
Disability	Neutral	There is no data available for this protected characteristic which is relevant to the policy/legislative changes. However, we have not identified any differential impact on those with this protected characteristic.	Not applicable.
Gender reassignment	Neutral	There is no data available for this protected characteristic which is relevant to the policy/legislative changes. However, we have not identified any differential impact on those with this protected characteristic.	Not applicable.
Marriage and Civil Partnership	Neutral	There is no data available for this protected characteristic which is relevant to the policy/legislative changes. However, we have not identified any differential impact on those with this protected characteristic.	Not applicable.
Pregnancy and maternity	Neutral	There is no data available for this protected characteristic which is relevant to the policy/legislative changes. However, we have not identified any differential impact on those with this protected characteristic.	Not applicable.
Race	Negative	Whilst data on ethnicity is not captured, Home Office data suggests that some nationalities are more likely to be encountered by immigration or customs officers in Northern Ireland for a host of reasons. This could be perceived as indirect discrimination against these nationalities by virtue of their being more offenders from these countries.	All individuals encountered by immigration and customs officers in Northern Ireland will only be arrested if there is sufficient evidence of criminal activity to warrant it, regardless of nationality or ethnicity. All cases will be prosecuted, and sentences judged based solely on the individuals conduct and not be impacted in any way by their race and/or nationality. Home Office policy will keep this part of the assessment under review as the changes are operationalised.
Religion or belief	Neutral	Potential for a differential impact because of the correlation between religion or belief and nationality. Although no data is available on the religious affiliation of those encountered by immigration or customs officers in Northern Ireland, religion is likely to be closely related to the nationality demographic of those who illegally enter or arrive in the UK and those encountered.	Neither religion nor belief will ever be a determinant in deciding which individuals to arrest or prosecute. Furthermore, the Courts will continue to charge, and sentence based solely on the available evidence. Home Office policy will keep this part of the assessment under review as the changes are operationalised.
Sex	Negative	Data shows that males are most represented in the statistics, being more likely to be encountered by immigration or customs officers in Northern Ireland using irregular methods of entry to reach the UK and as a result, then being arrested and charged if there is sufficient evidence of criminal activity.	Sex will never be a determinant in deciding which cases to prosecute. Furthermore, the Courts will sentence based solely on the conduct of the individual. Home Office policy will keep this part of the assessment under review as the changes are operationalised.
Sexual orientation	Neutral	There is no data available for this protected characteristic which is relevant to the policy/legislative changes. However, we have not identified any differential impact on those with this protected characteristic.	Not applicable.

5. In light of the overall policy objective, are there any ways to avoid or mitigate any of the negative impacts that you have identified above?

The objectives of the policy/legislative changes are to:

• conferring PACE powers already exercised in England and Wales to immigration officers and customs designated officials in Northern Ireland.
• addressing the issue of those employing methods of exploitation of the UK and / or vulnerable people through abuse of the Common Travel Area.
• disrupting the activities of people involved in organised criminal networks.

The proposed changes apply equally to all, regardless of whether they have any of the nine protected characteristics. Throughout the course of this assessment, no evidence of direct discrimination has been identified in the application and implementation of these changes. We have identified differential impacts in respect of age, race, and sex from the statistical evidence base available. There is also a potential for a differential impact on the protected characteristic of religion and belief because of the correlation between religion and belief and nationality. However, no data is available on the religious affiliation of those encountering immigration or customs officers in Northern Ireland to make a fully informed assessment as to whether there would be a negative impact on those with this protected characteristic.

In respect of the remaining protected characteristics of gender reassignment, marriage and civil partnership and sexual orientation, there is no data available relevant to the policy/legislative changes. However, we have not identified any differential or negative impact on those with any of these protected characteristics.

Mitigations

The Home Office seeks to avoid or mitigate discrimination though use of:

• compliance with statutory regulation: such as Equality Act 2010
• systemic measures: such as guidance and training
• continuous assessment: such as provided by policy assessment and operational planning procedures
• structural measures: such as communication and liaison mechanisms
• statutory rules and guidance; See: Section 3 – Identifying vulnerability and those at risk

The proposed changes apply equally to all. We consider that any indirect differential, or potential for a perceived negative impact of the changes in respect of age, race and sex is reasonable and justified on the basis that it is in pursuit of the legitimate aims of the policy objectives outlined above.

The reason for the differential, or potential for perceived negative impacts is that there are greater representations in the statistics for particular age groups, nationalities and males. The groups most represented may change over time and are dependent on many variables such as changes to socio/political conditions, changes of legal status in other regimes and environmental pressures. This document will be updated, and the impact reassessed as needed in light of what are likely to be continuing and rapidly changing circumstances.

Mitigation may be provided at an individual level by the fact that Home Office policy guidance requires decision makers to assess cases ‘in the round’ according to their individual merits and circumstances. This requires that decision makers consider a broad range of relevant factors including whether enforcement is proportionate and in the public interest. Any information related to the protected characteristics described above is germane to that process. Decisions made by the case owner that will include such an assessment include but are not limited to decisions to:

• detain
• notify liability to removal
• notify removal
• seek to prosecute

By making these changes we are seeking to more fully enable immigration and customs officers in Northern Ireland to deter individuals from seeking to exploit the UK by way of abusing the CTA and disrupting the operation of criminal groups targeting the UK. Our proposed changes are not targeted at any specific group or demographic, instead the focus is on making the work of relevant officers in Northern Ireland more effectively and efficiently dischargeable.

We will ensure that we consider equalities impacts on an ongoing basis and as the proposal is operationalised.

6. Declaration

I have read the available evidence, and I am satisfied that this demonstrates compliance, where relevant, with Section 149 of the Equality Act and that due regard has been made to the need to: eliminate unlawful discrimination; advance equality of opportunity; and foster good relations.

SCS sign off: Dan Hobbs, Director General, Migration and Borders Group.

Lead contact: Michael P. Cunningham, Prosecutions Policy Manager, Enforcement and Criminality Policy Unit, Asylum, Protection and Enforcement Directorate, Migration and Borders Group

Date: 04 July 2025

For monitoring purposes all completed EIA documents and updated EIAs must be sent to the PSED@homeoffice.gov.uk

Date sent to PSED Team: 04 July 2025

1. NIESR Report: Inequality among lesbian, gay bisexual and transgender groups in the UK: a review of evidence, July 2016, Inequality among LGB&T groups in the UK: a review of evidence - GOV.UK (www.gov.uk) ↩

2. ‘Tackling racial disparity in the criminal justice system: 2020’, Feb 2020, Policy paper overview: Tackling racial disparity in the criminal justice system: 2020 - GOV.UK (www.gov.uk) ↩