Border Security, Asylum and Immigration Bill

2nd reading
Monday 10th February 2025 Commons Chamber

Second Reading

[Madam Deputy Speaker (Judith Cummins)]

The reasoned amendment in the name of the Leader of the Opposition, the right hon. Member for North West Essex (Mrs Badenoch), has been selected.

17:28

[The Secretary of State for the Home Department (Yvette Cooper)]

I beg to move, That the Bill be now read a Second time.

The purpose of the Bill is to strengthen UK border security, which has been weakened and undermined in recent years; to restore order to the immigration and asylum systems, which were left in chaos; and to bring in new counter-terror-style powers for our law enforcement to go after the dangerous criminal gangs that undermine our border security, that profit from putting lives at risk and that have been getting away with it for far too long.

It is a Bill to strengthen leadership and accountability around our borders, putting the Border Security Command on the statute book, and to bring in tougher powers to tackle organised immigration crime, including pursuing those involved in supply chains, preparatory acts and seizing mobile phones. It is a Bill that allows us to take stronger action on those who put the lives of others at risk at sea, that will improve intelligence gathering and sharing, and that will restore order and control to the asylum system so that we can clear the backlog.

It is a Bill to deliver on our Labour manifesto commitment to bring in counter-terrorism-style powers to increase enforcement and returns. It is part of the programme to deliver what we set out before Christmas in the Government’s plan for change—rebuilding secure borders; restoring order, control and confidence to the immigration and asylum systems; and bringing legal and illegal migration down.

[Gavin Robinson (Belfast East) (DUP)]

The Home Secretary may recall that, when she was on the Opposition Benches, I cautioned the then Conservative Government that the actions they were going to take to have a uniform immigration policy throughout the United Kingdom were unsustainable. More particularly, I warned during proceedings on the Illegal Migration Bill that it would conflict with the Windsor framework. They said I was wrong, but the High Court in Belfast has said that we were correct. She is taking steps today to repeal sections of the Illegal Migration Act 2023 and the Safety of Rwanda (Asylum and Immigration) Act 2024, so will she confirm, as Home Secretary of this United Kingdom, that our immigration policy will run throughout the entirety of this United Kingdom?

[Yvette Cooper]

The right hon. Gentleman makes an important point. I can assure him that our approach is for both immigration and asylum to apply right across the UK, recognising the importance of border security as part of that UK-wide approach.

Most people across the UK want strong border security and a properly controlled and managed asylum and immigration system, so that the UK does its bit, alongside other countries, to help those fleeing persecution, but also so that those with no right to be here are swiftly returned and the rules are respected and enforced. None of that has been happening in recent years. When this Government took office, basic rules had stopped being enforced, the asylum system had been crashed, and smuggling gangs saw the UK as an easy target. The last Conservative Government completely lost control of our borders.

[Pete Wishart (Perth and Kinross-shire) (SNP)]

rose—

[Yvette Cooper]

I will give way to the hon. Member, but I inform Members that although I will take many interventions, I must make progress first.

[Pete Wishart]

That is fair enough, and I am grateful to the Home Secretary for giving way. She talks about how much the whole of the UK wants this Bill, but my little part of the UK has experienced population stagnation, with decline coming in the 2030s. What we want and need are the tools to address that. A Scottish visa, supported by every sector and business organisation, would help our nation. When will we get that to help with our issues?

[Yvette Cooper]

Let me repeat the answer that I have just given: our immigration and asylum system applies right across the UK. I say to the hon. Member that when net migration soared under the previous Government, it did not address the labour market issues in Scotland. That is why we need a proper strategy that addresses the labour market issues, rather than always seeing migration as the answer.

The last Conservative Government completely lost control of our borders. Net migration quadrupled in the space of three years to a record high of nearly 1 million people, as overseas recruitment soared while training was cut in the UK. Immigration is important for the UK, but that is why it needs to be controlled and managed. The party that told people that it was taking back control of our borders instead just ripped up all the controls.

Six years ago, barely a handful of boats crossed the channel: 300 people arrived by small boat in 2018. Within four years that number had risen to more than 30,000—a 100-fold increase—which not only undermines our border security but puts huge numbers of lives at risks. The Conservative Government failed to act fast with France and other countries to increase enforcement and prevent the gangs from taking hold. Instead, criminals were let off and an entire criminal industry was established along our borders in just a few short years, with tragic consequences.

[Jeremy Corbyn (Islington North) (Ind)]

I am most grateful to the Home Secretary for giving way. Nobody in this House supports criminal gangs or people smugglers. We recognise that they are grotesque people who exploit those in very vulnerable situations. However, the people who get on those boats are desperate. Many of them are victims of war and the most grotesque human rights abuses, and they deserve to be treated with respect. Does she agree that, by way of balance, we should work out more sustainable safe routes for asylum seekers to gain a place of safety, in recognition of the massive contribution that many of them will make to our community, our country and our society?

[Yvette Cooper]

The UK must always do its bit to help those who have fled persecution. That is what we have done with Ukraine and Afghanistan, and it will continue to be important, but no one should be making this dangerous journey on a boat across the channel and being exploited by the criminal gangs that are profiting from it. They are making huge amounts of money—hundreds of millions of pounds—from putting lives at risk and undermining our border security. It should be Governments, not gangs, who decide who enters our country.

Under the last Government, asylum decision making collapsed, with a 70% drop in monthly decision making in the run-up to the election and an 80% drop in asylum interviews. The entire asylum system was crashed by their chaotic legislation, driving the backlog up at huge cost to the taxpayer, and enforcement was undermined, with a 34% drop in returns compared with the last Labour Government. Just four employers were charged with illegally employing migrant workers in the space of two and a half years, and of course, £700 million was spent on sending four volunteers to Rwanda—that programme ran for more than two years and sent just four volunteers. At the time, we said that it would have been cheaper to send those same people on a round trip to Australia on the former Prime Minister’s private helicopter. It turns out that it would have been cheaper to buy each of them a fleet of private helicopters themselves, never mind spending that money on paying for thousands more doctors, nurses or police officers, or paying to boost our border security instead.

We said in our manifesto that we would stop the chaos and return order to the system. That is what this Bill does, and it is exactly what we are doing. Since the election, we have started by ensuring that rules are respected and enforced, because immigration is important, but the system should not be misused or abused. We have transferred staff and resources from the failed Rwanda scheme and boosted returns and enforcement. The result is a 24% increase in enforced returns in our first seven months for those who have no right to be in the UK. Some 19,000 people were returned by the end of last month, including the four largest return charter flights in our country’s history, and there has been a 38% increase in illegal working raids and arrests compared with the same time period under the previous Government. New biometric kits have been rolled out, so that immigration enforcement can check fingerprints and biometric residence permits on the spot, and we are already strengthening our approach to prosecuting employers for exploitation and employment of illegal workers.

[Julia Lopez (Hornchurch and Upminster) (Con)]

Can the Home Secretary tell the House how many of those who have been deported since she came into office had crossed into the UK on a small boat?

[Yvette Cooper]

I should perhaps point the hon. Lady to her own Government’s record, which left us with a shocking and disgraceful backlog in the asylum system. We are now clearing that backlog so that small boat cases can now be returned, something that was not possible under her Government’s approach. They never decided any asylum cases, and as a result could not return anyone who arrived on a small boat because their system was so broken. Not only are this Government introducing stronger powers to prevent small boats arriving in the first place—something that, shockingly, Conservative Members seem to want to vote against this evening—we are clearing the backlog so that we can substantially increase returns, compared with the total failure under the previous Government.

We have established our new Border Security Command to draw together the work of the Border Force, the National Crime Agency, the police, Immigration Enforcement, the Foreign Office and the intelligence and security agencies in order to strengthen our borders. That is backed by £150 million of funding for new technology and hundreds of specialist investigators, and it has already led to major joint operations with Belgium, France, Germany, Bulgaria and Iraq, taking out smuggler gang leaders and supply chains—the criminals operate across borders, and so must we.

Since the election, we have signed new agreements with Germany, Iraq, Italy, the Calais group and the G7, and we are drawing up new, closer arrangements with France. In parallel with our new UK Border Security Command, the French Interior Minister has announced increased enforcement along the coast and a new criminal intelligence and investigations unit to drive new action against organised immigration crime.

But we need to go much further. It is worth understanding how extensive and vile this criminal industry really is. It operates from the money markets of Kabul to the hills of Kurdistan and right across Europe—through the western Balkans and across the Mediterranean. It uses false advertising on social media and hawala networks to channel the cash. There are huge supply chains of flimsy boats, weak engines and fake lifejackets that would not keep anyone afloat. There are shipping routes through Bulgaria, Italy and Spain; warehouses of boats in Germany; and organised logistics networks through Belgium and northern France.

Gangs have become increasingly violent in their determination to make as much money as possible. They are crowding more and more people into flimsy boats with women and children in the middle, so that if the boats fold or sink, they are the first to drown or be crushed. They provide the fuel in flimsy containers that leak, so that when it mixes with saltwater, it inflicts the most horrific burns.

The gangs’ latest tactic is to make people wait in freezing cold water—even in January—until a boat arrives from further along the shore to pick them up. The International Organisation for Migration estimates that at least 78 people died when attempting to cross the channel in 2024. Families have been left devastated by the loss of loved ones, the victims of a diabolical trade —the most disgraceful and immoral trade in people.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The Home Secretary will accept that this is a difficult time to speak up for a fair and ethical immigration policy, with the tide of far-right politics sweeping Europe, and maybe even lapping the shores of this country. Does she accept, however, that she is in danger of sounding like she is trying to stigmatise desperate migrants, rather than build a fair system?

[Yvette Cooper]

The Mother of the House has long had an interest in these issues and has often spoken on them. I would say that it is important for the UK to have a fair and effective asylum and immigration system. Immigration has always been an important part of the UK, but for it to be so, the rules need to be respected and enforced. We cannot allow the criminal gangs to put life at risk in that way or to undermine our border security. It is as a result of the operations of those criminal gangs that 78 people died while attempting to cross the channel in 2024 and that we have seen those quite horrific tactics.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

The Home Secretary is clearly describing the grotesque way in which evil people traffickers encourage people to cross the channel, but my constituents find it difficult to understand why people want to come across the channel from France, which is a lovely country where many people enjoy holidaying and it is so safe. What is her understanding of why people make that journey and how will the Bill specifically help to reduce the number who do?

[Yvette Cooper]

As the hon. Lady will know, this challenge has been escalating for six years. We have seen a huge increase in the number of boat crossings, and underpinning that increase is the development of a criminal industry. In 2018 there were barely a handful of boat crossings, and now an entire criminal industry has developed based on false advertising and marketing, and on being able to promise people that they will be able to work illegally. That is why the previous Government’s complete failure to take enforcement action on illegal working or to make sure that there was a proper system in place for returns has been deeply damaging.

The Bill provides statutory underpinning for the new Border Security Command. For too long, different agencies with responsibility for border security have been operating in silos, without clear strategy or direction. Criminals can exploit that fragmentation, and the new Border Security Command that we established last summer is drawing together the work of different agencies including Border Force, the National Crime Agency, local police forces, His Majesty’s Revenue and Customs, immigration enforcement, the intelligence and security agencies and, because strengthening our borders means working internationally, the work of the Foreign Office on border security. Led by former police chief Martin Hewitt, Border Security Command is already having an impact, driving law enforcement co-operation across Europe and beyond. By placing it on a statutory footing and securing its authority and direction, for the first time border security is being treated as the national security issue that it needs to be, engaging with the multiple challenges and threats that we face around our borders.

The Bill strengthens the powers that law enforcement can use against ruthless and devious criminals. For too long, the ringleaders and facilitators of this wretched trade have been able to evade justice by ensuring that they are not present when the money changes hands or the boats set off. That has to change. Learning from early intervention counter-terrorism powers, the Bill will make possible much stronger early action against smuggler and trafficking gangs. New powers will better target supply chains, making it an offence to organise the buying, selling and transporting of small boat parts, motors and engines to be used for illegal entry—not waiting until we can prove that the boats in question were used to arrive at Western Jet Foil.

We are making it an offence to organise the logistics or gather information for the purposes of organised immigration crime, making clear that that is targeting criminal gangs who are profiting from trading in people, not those who help rescue others from serious danger or harm. We are giving law enforcement powers to seize and search the mobile phones of those arriving on small boats, to trace the gangs who organised their journey. As Rob Jones from the National Crime Agency said,

“if you get effective legislation, and you get concerted effort across the system internationally, you can make a real difference.”

That is why a Bill such as this is so important.

[Nick Timothy (West Suffolk) (Con)]

I have asked the Home Secretary this before and she has not given an answer yet: which metric should we use, and by which date, if we are to ascertain whether she has succeeded in smashing the gangs?

[Yvette Cooper]

We have been clear as part of the plan for change that the purpose is to reduce illegal migration and the number of boats crossing the channel, because no one should be making those dangerous journeys. We must take these powers to be able to go after the gangs —powers that, astonishingly, the hon. Gentleman and his party seem to want to vote against tonight. They will be voting against the action that we need, and voting in favour of the criminal gangs, letting them off the hook once again.

I am also deeply concerned about the growing violence and risk to life. In the past 12 months we have seen a disturbing number of cases where the French authorities have tried to rescue people, including children, from dangerously overcrowded boats on which they were being crushed to death. One such case was last April when a seven-year-old girl died. Even though people had died and many were complicit in the crushing and putting lives at risk, some refused rescue and remained on the boat to travel to the UK. We must be able to take stronger action here in the UK. We must be able to extradite people to France to face trial, but we need powers in the UK too. A new offence of endangering life at sea is being introduced to send a clear message that we will take action against those who are complicit in loss of life or risk to life at sea. Those involved in behaviour that puts others at risk of serious injury or death, such as physical aggression, intimidation or rejecting rescue attempts, will face prosecution.

[Kim Johnson (Liverpool Riverside) (Lab)]

I support the intent of this Bill to reform the asylum system and prevent further deaths in the channel. The Prime Minister has promised to defend migrants and to develop a system based on “compassion and dignity”, and that can be resolved by looking at safe routes. People would not put their lives on the line and put themselves in danger if there were safe routes. Can the Home Secretary tell us what will be in this Bill to support safe routes?

[Yvette Cooper]

The purpose of this Bill is to pursue the criminal gangs who are undermining border security and putting lives at risk. That is the way the criminal gangs work, and that is why the Bill is so important. Unless we do that, any other measure we take in any direction will be undermined and will fail. The UK must always do its bit—it has always done its bit—alongside other countries to help those fleeing persecution. That is what we have done and continue to do for Afghanistan, for example. We also have to ensure that Governments, not gangs, choose who enters our country and that we prevent this criminal trade in people that is putting lives at risk.

The Bill will upgrade serious crime prevention orders, which are a potentially vital tool, but are currently underused. Under new interim serious crime prevention orders, the process will be streamlined, so that strict curbs can be placed on individuals suspected of involvement in organised immigration crime before they are prosecuted and convicted. That could mean, for example, restrictions placed on travel, social media access or the subject’s finances, so that early intervention can prevent dangerous action.

[Sammy Wilson (East Antrim) (DUP)]

The Home Secretary has outlined many of the measures she is taking to try to deal with the gangs, but the fact is that people come here because there are advantages in coming here. What is she doing to ensure that those advantages are removed, so that there is no incentive for people to come to the United Kingdom? Secondly, what role will Border Force have between Northern Ireland and the Irish Republic, since the Irish Republic is also a route for illegal immigrants to come to the United Kingdom?

[Yvette Cooper]

The right hon. Member will be aware that the common travel area has long been in place, and that means that arrangements have to be addressed differently. Part of the problem with the whole asylum and immigration system has been that issues around enforcement have just not been taken seriously enough for far too long. We have been clear that the rules need to be respected and enforced. That is why we have substantially increased the resources and staffing available for enforcement and returns. It is why we have had 19,000 people returned. It is why we have increased returns. For example, we have increased enforced returns by 24%. It is why we have also increased the illegal working raids by 38% just since the election. That is a substantial increase in the illegal working raids and arrests, because not enough action was being taken on illegal working and employers exploiting people. If we do not have that system of proper enforcement, people think it is just too easy to ignore the rules, to break the rules and to ignore the system, and that is what we have to turn around. There has to be some credibility underpinning the asylum and immigration system and some enforcement of the rules; frankly, there just has not been that for far too long.

We will introduce two new offences to criminalise the making, adapting, importing, supplying and offering to supply and the possession of a specified list of articles for use in serious crime. That includes templates for 3D-printed firearms, pill presses and vehicle concealment. We will introduce stronger powers to go after dangerous criminals—criminals who are planning to provide small boats, supplying small boats, putting lives at risk, undermining border security and organising serious crime.

[Sir Julian Lewis (New Forest East) (Con)]

I know that the Home Secretary is doing her best to cover the waterfront—almost literally—but is not part of the problem that so many of the criminal gang organisers are outside our jurisdiction? How will these new laws apply to people we cannot reach?

[Yvette Cooper]

The right hon. Member makes an important point, because we have to do this work in co-ordination with other countries. Alongside the UK’s setting up the Border Security Command, France is setting up its new organised immigration crime unit and a new intelligence centre and is strengthening enforcement. Alongside the UK’s strengthening our law to be able to go after the preparatory supply chains used by the people smugglers, Germany is also committed, as part of our new agreement, to strengthen its laws so that it can take action against the warehouses that we know hold huge numbers of the flimsy boats that are then used to transport people across the channel, putting lives at risk. He is absolutely right that this has to be done in co-operation and co-ordination with other countries, because the best way to strengthen border security is to work in co-operation.

The National Crime Agency is also clear that some of the organisers are here in the UK, such as those who do the facilitation, organise the supply chains and organise and help plan some of the routes, the dropping-off points and the advertising. Some of them are based in the UK, so we need the powers to be able to go after them here. If we are asking France, Germany and other countries to do their bit to help go after the criminal gangs, we need to make sure we are doing our bit, too.

That is why, to be honest, I find it absolutely astonishing that the Conservatives are planning to vote against Second Reading and against the provisions we are putting forward. [Interruption.] There is no point doing, “Yeah, but no, but yeah, but no, but”; the impact of the reasoned amendment from the shadow Home Secretary, the right hon. Member for Croydon South (Chris Philp) is to refuse to give a Second Reading to this Bill, which puts forward counter-terrorism-style powers to go after the criminal people smugglers and traffickers who have undermined border security and put lives at risk. We have seen reasoned amendments from Reform and the Scottish National party, too, all wanting to oppose this Bill and the powers we need to go after the criminal gangs. Frankly, they should all explain why they want to let down the people of this country and stand up instead for the people smugglers and the traffickers who are putting lives at risk and undermining our border security. On the Government Benches, we believe we should go after those gangs, because theirs is a vile and illegal trade.

The Bill also strengthens intelligence gathering and intelligence sharing to tackle organised immigration crime. It will make it easier for customs data to be shared with the Home Office and police and provides for data held by the Driver and Vehicle Licensing Agency on UK-registered trailers to be shared with law enforcement in real time. The House will remember the terrible case where 39 people died in the back of a trailer in Essex. The Bill will help detect attempts to smuggle people or goods into the country illegally via lorry. It will also provide for biometric checks to be taken more easily in different locations, including from Scottish ports and evacuation routes.

Importantly, the Bill also restores order to the asylum system by putting an end to some of the failed gimmicks and unworkable mess that the previous Government left us. That includes sorting out the chaos created by the unworkable and contradictory provisions in the Illegal Migration Act 2023, most of which are so unworkable that Conservative Ministers never commenced or implemented them. Some 34 major clauses were passed by this House but never commenced, because Ministers knew they would not work. Sixteen more were commenced, but never operationalised, because they were simply unworkable. The chaotic combination of section 9 and section 2 meant that anyone who arrived could claim asylum, get asylum support and get put up in an asylum hotel, but the Home Office could never take a decision on their case, so they would have to stay forever—an asylum Hotel California which people never leave, while the backlog soars and the taxpayer foots the bill.

We are repealing many of those chaotic, gimmicky and broken laws, including the Safety of Rwanda (Asylum and Immigration) Act 2024, which will allow us to withdraw from the UK-Rwanda treaty that would otherwise have cost us hundreds of millions of pounds more for an unworkable scheme.

[Lewis Cocking (Broxbourne) (Con)]

The Home Secretary mentions asylum hotels. The Government have actually opened more asylum hotels since they have been in office. Can she give us a date when she will have met her manifesto commitment to close the last asylum hotel?

[Yvette Cooper]

I would just point out to the hon. Member that his party’s previous Government opened 400 hotels. This Government have already cut the cost of asylum accommodation substantially, and we continue to do so. We have also had to start clearing the backlog that was created by the previous Government collapsing asylum decisions in the run-up to the election, creating total chaos.

The Bill is about restoring order to the immigration and asylum system and rebuilding our border security. Immigration has always been important to the UK, but that is why it should be controlled and managed so that the system is fair. Our country will always do our bit to help those who have fled persecution and conflict, but the system needs grip and control, not gimmicks and false promises. Unlike our predecessors, we will not claim that there is a single fantasy gimmick that will solve the serious challenges. The gangs have been allowed to take hold for six years, so it will take time to loosen that grip and smash the networks that lie behind them, but there is no alternative to the hard graft of going after those gang networks, which have been getting away with this for far too long. Nor is there an alternative to working with international partners on this international crime, building new alliances against organised criminals—not just standing on the shoreline shouting at the sea.

If all the other parties are serious about tackling the criminal gangs that undermine our border security and put lives at risk, if they are serious about tackling crime, if they are serious about tackling criminals, and if they are serious about protecting our borders, they will support the Bill. The gangs do not care about borders, or whether the people they exploit live or die, but we have a responsibility to the British people, who rightly expect our borders to be secure, to go after the criminal gangs that are undermining them. We have a moral duty to prevent further tragedies, and stop the gangs that undermine border security and put lives at risk. I commend the Bill to the House.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Home Secretary.

18:00

[Chris Philp (Croydon South) (Con)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House, while welcoming measures to create new immigration criminal offences, declines to give a Second Reading to the Border Security, Asylum and Immigration Bill, because an effective removals and deterrence arrangement is fundamental to stopping illegal immigration, but the Bill abolishes laws passed under the previous Government to ensure removals, and abolishes laws passed under the previous Government to ensure a deterrent by restoring illegal migrants’ ability to claim indefinite leave to remain and British citizenship; and because the Bill contains no proposals to limit legal migration, nor limit the eligibility criteria for settlement and citizenship, which means that the Bill will lead to increased illegal and legal immigration.”

It has been seven months since the Government came to office, so we have had a chance to look at their record. I am afraid it does not make for happy reading. Since the general election on 4 July, 24,793 people have illegally, dangerously and unnecessarily crossed the English channel. That is a 28% increase on the same period 12 months previously. The Home Secretary tells us how good her Government’s record is, yet illegal crossings have gone up by 28% on her watch. She promised that she would end the use of asylum hotels. My hon. Friend the Member for Broxbourne (Lewis Cocking) asked her when she would deliver on that manifesto commitment, and she did not answer the question. The truth is that, after the election, there were 6,000 more people in asylum hotels: a failure on her watch.

The Home Secretary crows about removal numbers, not mentioning of course that three quarters of those removals were voluntary, and only a tiny fraction relate to people who arrived by small boat. In the first three months of this Government, the number of people who were removed having arrived by small boat actually went down. In fact, the removals of small boat arrivals in those first three months—the most recent period for which figures are available—amount to only 4% of small boat arrivals, so how can she tell us that letting 96% of illegal immigrants stay here is some kind of deterrent? It is not.

[Mr Jonathan Brash (Hartlepool) (Lab)]

The shadow Home Secretary seems keen to reflect on the records of Governments. In 2010, the number of people in the asylum system reached an over-20-year low. By the time the Conservative Government had left office, the number had ballooned by 13 times to 225,000. Will he reflect on who was responsible for that?

[Chris Philp]

I wonder whether the hon. Gentleman knows which Government gave an effective asylum amnesty; it was the previous Labour Government. If he is so interested in the asylum backlog, does he know whether it has gone up or down under the new Government? It has gone up, as has the number of illegal migrants crossing the channel, leaving a safe country—France—from which there is no necessity to depart in order to find safety. France has a fully functioning asylum system, does it not?

[Mike Tapp (Dover and Deal) (Lab)]

In 2018, 400 people crossed. On the Conservative Government’s watch, 130,000 people crossed the border. Will the shadow Home Secretary apologise?

[Chris Philp]

The hon. Gentleman is obviously not aware that in 2023 the numbers were going down. Since his Government came to office on 4 July last year, the number has gone up by 28%.

[Sammy Wilson]

The shadow Home Secretary notes that the number of asylum claims has gone up since the Government came to power, yet thousands have been wiped off because those people have been automatically given permission to stay in the United Kingdom. Does he not think that one reason we will continue to see people flooding in is that they know we are an easy touch? They can just come here and get granted asylum.

[Chris Philp]

The right hon. Gentleman makes a very good point. The asylum grant rate in this country has gone up in recent months, and is high in comparison with some other European countries. That is obviously a potential pull factor for people considering a dangerous and unnecessary crossing of the English channel.

Let me say a word about the Bill in general before discussing its specifics. The Bill cancels the obligation on the Government to remove people who have arrived illegally. That is a shocking move. It creates a pathway to citizenship for people who have entered the country illegally, which will only increase the pull factor, and completely cancels any prospect of establishing a removals deterrent, which the National Crime Agency says is necessary.

[Peter Swallow (Bracknell) (Lab)]

How many people were removed under the previous Government’s so-called deterrent?

[Chris Philp]

The hon. Gentleman will be aware that the deterrent never even started. The first flight—[Interruption.] The first flight was due to take off on 24 July, but his Government cancelled the deterrent before it had even started. That was their mistake, and as a result illegal crossings have gone up by 28%. This is not a border security Bill, given the measures that I have mentioned; it is a border surrender Bill. It is a weak bill from a weak Government.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I was in opposition when we had ferocious debates about Brexit, and Conservative Members used words like “surrender”, “traitors” and “weak”. The shadow Home Secretary is now doing the same in opposition. Does he honestly believe that such language is conducive to getting to a solution? Does he think that it makes any person in this House feel better about themselves? Does he think that it gives him the moral high ground? I think it exposes his inability to conduct an argument in a way that is vaguely civil.

[Chris Philp]

I think a Bill that creates a path to citizenship for illegal migrants and cancels the obligation on the Government to remove people who arrive illegally is a shocking piece of legislation. That is why we tabled a reasoned amendment.

[Gareth Snell]

Will the shadow Home Secretary give way?

[Chris Philp]

I have given way a lot. Let me make some progress.

The Home Secretary asked about the Opposition’s position on various topics. Our reasoned amendment makes it clear that we support measures to increase criminal penalties and to legislate against articles for use in serious and organised crime—measures that we introduced as part of the Criminal Justice Bill last year—but we do not support a path to citizenship for people who arrive illegally, and we do not support cancelling the Government’s obligation to remove them. That is why I moved the reasoned amendment.

[Yvette Cooper]

Perhaps the shadow Home Secretary can confirm that the measure in the Illegal Migration Act on citizenship was never commenced because it was unworkable. The Government have strengthened the powers to ensure that small boat arrivals cannot get citizenship by strengthening the rules. We have done more in seven months than the Conservative party did in 14 years. If he really wants to support counter-terrorism-style powers, why is he going to vote against the Bill on Second Reading?

[Chris Philp]

The reasoned amendment makes it very clear that we support those powers, but we do not support the totality of the Bill. In terms of tough action, the Home Secretary has yet to explain to the House why illegal crossings have gone up by 28% on her watch.

[Tom Hayes (Bournemouth East) (Lab)]

Will the shadow Home Secretary give way?

[Chris Philp]

I will make some progress.

Let me turn to the detail of the Bill. The only problem with the Border Security Commander is that he cannot actually command anything. There are no powers at all in the Bill, merely functions. They include, in clause 3, publishing a strategic priority document and, in clause 4, a duty to prepare an annual report. Preparing a strategic priority document and publishing an annual report are unlikely to smash the gangs. The Border Security Commander has no clear powers, merely an ability to publish documents and reports.

[Tom Hayes]

Will the shadow Home Secretary give way?

[Chris Philp]

The hon. Gentleman has been extremely persistent, and that deserves its reward.

[Tom Hayes]

I thank the shadow Home Secretary for the reward, and I hope to return one. The director general of the NCA has said:

“The Border Security, Asylum and Immigration Bill should help UK law enforcement act earlier and faster to disrupt people smuggling networks and give us additional tools to target them and their business models.”

The Conservative party is about to vote against the Bill. Why does the shadow Home Secretary think that he knows better than the director general of the National Crime Agency?

[Chris Philp]

The point of a debate is to engage rather than read out a pre-prepared question. The hon. Gentleman will be aware that the National Crime Agency has said that we need a deterrent. The Bill removes any legislative prospect of a deterrent, which is why we oppose it.

The Home Secretary talked about various new offences, including endangering life at sea and activities preparatory to supporting illegal migration. Of course, no one from any party in this House wants those things to happen, but the measures that she proposes duplicate the existing provisions in section 25 of the Immigration Act 1971, as amended by the Nationality and Borders Act 2022. Facilitating illegal immigration—quite a broad term—is already a criminal offence. Unlike her offence of endangering life at sea, which carries a five-year maximum sentence, section 25 of the Immigration Act states that facilitating illegal migration carries a maximum sentence of life, recently increased from 14 years. Guess who voted against that increase in the sentence? The Home Secretary.

Although we support the thrust of the clauses in the Bill, they are already covered by the tougher existing offence of facilitating illegal immigration. Clauses 19 to 26 contain plans to seize phones, which in principle we support, but that power exists already in section 15 and schedule 2 of the Illegal Migration Act 2023. There is an element of duplication.

Let me move on to the more objectionable parts of the Bill. Clause 37 repeals the entirety of the Safety of Rwanda (Asylum and Immigration) Act 2024. [Hon. Members: “Hear, hear!”] That appears to command some rather unwise enthusiasm from the Government Benches. As I said, the first flight under the Rwanda scheme was due to leave on 24 July, following extensive legal challenge and legislation in this House. Very unwisely, the Government chose never to start that scheme, which would have had a deterrent effect, because it stands to reason that if people know that if they try to cross illegally into a country such as the UK they will be removed to Rwanda, they will not bother in the first place.

We have seen that kind of scheme work elsewhere, with Operation Sovereign Borders in Australia around 10 years ago. We have seen it work here as well, with the 2023 removals agreement with Albania. Crossings by Albanians, who were the most numerous cohort crossing the channel, went down by 93%. Again, it stands to reason that if people know that if they arrive here they will be removed, they will not bother crossing in the first place. But hon. Members should not take my word for it. The National Crime Agency says that we need a deterrent, and even the Government’s own Border Security Commander, Martin Hewitt—who cannot command very much—says that we need a deterrent.

[Mr Brash]

That is the second time the shadow Home Secretary has said that the National Crime Agency has suggested that Rwanda would be a deterrent. The head of the National Crime Agency has said specifically, “Others are implying that we support Rwanda, and that isn’t true.” Will the right hon. Gentleman withdraw that?

[Chris Philp]

No, what the National Crime Agency said was that we need a deterrent. That is what it said, that is what I quoted, and the Government’s own Border Security Commander made the same point.

[Dr Caroline Johnson]

Last year, as part of the Joint Committee on Human Rights, I visited Rwanda to see the accommodation at Hope hostel that was to be provided to people who were moved under the Rwanda scheme. I learned from that visit that, yes, people would have been deterred from going across the channel, but that migrants who were sent to Rwanda would have been well looked after, well cared for and able to set up a new life, free from the war and famine that they were fleeing.

[Chris Philp]

I thank my hon. Friend for taking the time and trouble to visit Rwanda, which almost no supporter of the Bill has ever bothered doing. It is clear that the Rwanda scheme would have had a deterrent effect, had the Government allowed it to start. The National Crime Agency has said that, and we have seen it work in Australia. The fact that this Government are removing only 4% of people who cross by small boat—meaning that 96% are able to stay—explains why so many more people have crossed the channel under this Government than under the previous regime.

[John Slinger (Rugby) (Lab)]

Can the right hon. Gentleman and other Opposition Members look themselves in the mirror, with a hand on their heart, and say in good conscience that for a great nation like ours—a country that believes in the international rule of law—to outsource its asylum policy to a country like Rwanda is the correct way to behave? Can he really say that that is the right policy for this country?

[Chris Philp]

The right policy for this country is for the Government, not people smugglers, to decide who comes into this country. Unlike this Government, we have a plan to deliver that. I point out to the hon. Gentleman that France is a safe country. There is no need to cross the English channel to flee war or seek asylum. France has a perfectly well-functioning asylum system.

When it comes to people who are genuinely in need, this country has a proud record. The Home Secretary referred—rather generously, I might say—to initiatives undertaken by the last Government. They include the Ukraine scheme, which allowed in 200,000 or 300,000 people; the resettlement scheme that welcomed around 25,000 Syrians from about 2015 to 2020; the provisions made for British nationals overseas who came here from Hong Kong, and the Afghan citizens resettlement scheme and Afghan relocations and assistance policy. That is the record of this country, and of the previous Government, on people who are in genuine need. But people—overwhelmingly single young men—leaving France, conveyed here by people smugglers, are not the people whose entry we should be facilitating.

Let me move on to the Bill’s provisions to repeal much of the Illegal Migration Act 2023. One such provision to be repealed, therefore depriving the Government of the ability ever to use it, is section 2, which created an obligation on the Government to remove people who come here illegally. Let me point out to those people who are concerned about genuine asylum seekers that section 2(4) of the 2023 Act makes it clear that the provision does not apply if someone comes directly from a place of danger. That is consistent with article 33 of the 1951 refugee convention, which Members will be familiar with. But people who come here directly from France—a safe country where no one is being persecuted, which has a perfectly well-functioning asylum system—should not illegally enter the United Kingdom.

The Bill will also repeal section 32 of the 2023 Act, which prevents people who enter the country illegally from gaining citizenship. By repealing that section, the Bill will create a pathway to citizenship for people who entered the country illegally, and I think that is unconscionable.

The Bill will also repeal sections 57 and 58 of the 2023 Act —a topic on which the Minister for Border Security and Asylum and I have had some correspondence—which concern scientific age assessment methods. Every European country apart from this one uses scientific age assessment techniques, such as an X-ray of the wrist, although there are other methods. That is important because quite a few people entering the country illegally who might be in their early or even mid-20s falsely claim to be under the age of 18, and without a scientific age assessment method it is very hard to determine their age. That creates serious safeguarding issues. There have been cases of men in their mid-20s ending up in schools with teenage girls, which carries obvious safeguarding risks.

A statutory instrument passed in early 2024—quite soon before the election—commenced the power to use those age assessment techniques. I really hope the new Government will use those powers and start using wrist X-rays, or other techniques, to ensure that people cannot falsely claim to be under 18. I would be grateful if the Minister could provide an update on that in her winding-up speech, because we would certainly support her work in that area. As I say, there is an important safeguarding element to this matter, as well as a migration element. I note that in repealing section 57 of the 2023 Act, the Government will no longer be able to treat as over 18 somebody who refuses one of those tests. There are some predating provisions in the Nationality and Borders Act 2022, but the provision being repealed is stronger, and in the circumstances that may be rather unwise.

There are various things missing from the Bill. We will table various amendments during its passage that will seek to introduce much stronger measures, but I want to point to two in particular now. The first addresses the fact that there is no mechanism in the Bill for a binding annual cap on legal migration.

[Peter Swallow]

Will the hon. Gentleman give way on that point?

[Chris Philp]

No—I have taken lots of interventions.

I think we can all agree that numbers in recent years have been far too high, and what is needed is a binding cap that Parliament can vote on, so that it can decide how many visas are issued each year. I believe the Prime Minister was asked about that and said he did not agree with it, but I think the Bill is an ideal opportunity to create that power for Parliament—for us, the directly elected representatives of the people—to vote each year on how many visas get handed out. Perhaps the Minister for Border Security and Asylum will execute a considered U-turn and embrace the suggestion I have just made.

On the topic of legal migration, the previous Government —in fact, I think it was my right hon. Friend the Member for Braintree (Mr Cleverly), the former Home Secretary, who is in his place—announced an increase to the threshold for dependant visas. It went up somewhat in April last year, and it was due to go up again this April to about £38,000. I would be grateful if the Government could clarify whether they will go ahead with that plan, which would, of course, control some of the numbers.

The second area that requires further legislation is indefinite leave to remain, which the Leader of the Opposition and I spoke about last week. Indefinite leave to remain, as the name implies, confers an indefinite right to reside in the UK and provides a number of privileges, including access to full benefits, social housing and pension rights. It is the Opposition’s view that it should be granted only if a person, having come here for work purposes, has made a genuine contribution—if they have earned more than they have paid in taxes, which we could measure by reference to a salary threshold. If, after someone comes to the UK to work, it turns out they have not worked and have become a burden on the taxpayer, or have worked for a very low level of wages, implying they are not making a net contribution, it strikes us as fair that they should not be granted indefinite leave to remain and that their visa should not be renewed.

Last September, the Office for Budget Responsibility published an analysis showing that migrants on low wages carry a lifetime fiscal cost to the rest of the taxpayers of £500,000. The Centre for Policy Studies recently published an analysis showing that the fiscal cost of those who might be granted ILR in the next four or five years will amount to £234 billion over their lifetime. We do not think it is reasonable for taxpayers to bear so high a cost for people who have arrived only relatively recently and have not made a significant contribution, so we will be tabling amendments to ensure that only those coming here on work visas who have actually made a contribution will be eligible for indefinite leave to remain. I would be grateful to know whether the Minister for Border Security and Asylum will support that measure.

The Government have presided over 25,000 illegal crossings since they came into office—a 28% increase on the same period 12 months ago—and have failed to remove 96% of the people who have crossed the channel. They scrapped the Rwanda deterrent before it even started, even though the National Crime Agency and their own Border Security Commander said that a deterrent is needed and we have seen it work in Australia. The Bill will cancel the Government’s obligation to remove people who have come here illegally, and we see the Government creating a path to citizenship for illegal migrants. This is a weak Bill from a weak Government, and that is why we will oppose it.

[Several hon. Members rose—]

[Madam Deputy Speaker (Judith Cummins)]

We will start with an immediate five-minute time limit, with the exception of Front-Bench speeches.

18:26

[Preet Kaur Gill (Birmingham Edgbaston) (Lab/Co-op)]

I welcome this important Bill, which will introduce new counter-terror-style powers to identify, disrupt and smash the people smuggling gangs. I take this opportunity to commend the Home Secretary on the work the Government have already done to remove foreign criminals and immigration offenders at the highest rate since 2018. By restarting asylum processing to clear the backlog and redeploying 1,000 staff to work on immigration enforcement, the Government have been able to deport more than 16,000 people, while the previous Government deported just four volunteers.

I want to focus on an extremely important aspect of the Bill that has gone largely overlooked, and on which I have been campaigning for change. Clauses 43 and 44 will introduce new offences to clamp down on the rise of 3D-printed firearms, which is a serious threat. Such firearms present a new challenge to law enforcement because they can easily be made at home and are untraceable and undetectable by magnetometers in places such as airports and courthouses. While the UK has been successful in policing gun crime, law enforcement agencies have warned that they are underpowered to tackle this rising threat, so I am glad that the Bill addresses it.

Birmingham, the city I represent, has regrettably become the gun capital of the United Kingdom, with nearly 600 firearm offences recorded in the West Midlands police area last year. In 2023, a local man was convicted of possession of a range of home-made assault rifles manufactured using a 3D printer in his home. That is why last year I introduced my Firearms (3D Printing) Bill, which would make it an offence to possess and share the blueprints to build these deadly weapons and to possess part of a 3D-printed firearm.

I worked with Channel 4 and Middlechild TV on a documentary about this issue, and I was shocked to learn that files containing IKEA-like step-by-step guides to 3D print firearms at home can be downloaded from the web in as little as three clicks. That is putting the public at risk. I am therefore delighted that Ministers have wasted no time in closing this loophole, introducing much-needed legislation and backing my Bill.

The horrors of the Dunblane massacre in the 1990s mean that the UK has got much right on gun control. Our constituents see mass shootings in other countries and are thankful for the strong gun controls we have here. However, that has never been a reason to be complacent, and the rise of 3D printer technology in recent years has presented a novel threat. Someone can buy a 3D printer for £150. As we saw in the Luigi Mangione case in the United States, 3D-printed firearms are not toys, but deadly weapons. Some might look like Nerf guns, but 3D-printed weapons can kill.

In the United Kingdom, 3D-printed firearms are growing in popularity, with several cases in recent years. In 2023, a man from Bradford was held in possession of a FGC-9 home-made automatic sub-machine-gun, magazine and bullets. In May 2023, two men from Bradford and Hull were convicted of plotting to build and supply home-made weapons to criminal gangs. In the same month, National Crime Agency officers uncovered a factory in south London that was converting blank-firing guns into lethal weapons using 3D-printed parts. Earlier this year, an Islamist extremist was jailed for seven years after being found with instructions on how to build 3D-printed weapons. I mentioned the case in Birmingham, where a man was convicted of making assault rifles in his own home similar in size and scope to the AK47. The point of this legislation is to limit the accessibility of blueprints and prevent dangerous people using them to undermine gun control in the United Kingdom, and to send a strong message that the law will come down on those who want to do harm to our country. In conclusion, the Labour Government came to power promising safer streets. I am proud that we are taking stronger action to deliver on that pledge. In a weaponising world, legislation must keep pace with new technology and the rise of new novel threats. My call for a change in legislation has meant that those seeking to undermine our gun controls to commit criminal acts under the radar by downloading and sharing blueprints to make 3D-printed guns will now face criminal charges. I thank the Government for that.

Finally, turning to other measures in the Bill, I commend the Government for taking a practical approach to Britain’s border security. The previous Government’s efforts were a disaster. They stopped processing asylum cases while failing to deport people with no right to be here, with the result that thousands upon thousands of asylum seekers have been left to languish in hotels and B&Bs across the country, costing the taxpayer billions. Even more self-defeating was the previous Government’s decision to write a blank cheque out of Britain’s aid budget to pay for that mess, taking away funding to tackle the crisis that many people are fleeing in the first place. There is no solution to the global displacement crisis without international development. The Bill is right to focus on the smuggling gangs. We need to break the business model of the vile criminals who are still shipping families across the channel, even in the freezing cold, with no concern as to whether they live or die. The Bill will equip our law enforcement agencies with the powers they need to stop them, disrupt their supply chains and bring most of those who profit from this human misery to justice. The new counter-terrorist powers—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I call the Liberal Democrat spokesperson.

18:31

[Lisa Smart (Hazel Grove) (LD)]

We all want to stop the dangerous channel crossings, wherever we sit on the political spectrum. There are some measures proposed in the Bill that we on the Liberal Democrat Benches support, some that we do not think will be effective enough, and some that we will seek to amend in Committee.

When in government, the Conservatives systematically dismantled safe and legal routes to sanctuary, forcing desperate people into the arms of criminal smugglers. At the same time, they mismanaged our asylum system so badly that they allowed a massive backlog to build up, with thousands of people stuck in limbo, banned from working and contributing to society, and costing taxpayers millions.

The current asylum system is not working for anyone. It is not working for communities like mine, whose hotels are being used to house asylum seekers. It is not working for those housed in those hotels for months and years waiting for their applications to be processed, unable to get on with their lives and integrate, banned from paying their fair share by working and thereby paying tax, and too often called by their room number, rather than their name. And it certainly is not working for the taxpayer who is forking out millions to pay for this broken system.

The Liberal Democrats want a fair, effective immigration and asylum system that treats people with dignity and respect. That means scrapping the unworkable and inhumane Rwanda scheme and investing the savings in clearing the asylum backlog. That means real action against the criminal gangs profiting from human misery, but it also means tackling the root causes of the crisis, rather than just chasing headlines. Applications should be processed quickly, so that those with a right to be here can integrate and contribute, and those without the right to be here can be returned swiftly. The Bill, however, fails to provide a humane, legally sound and effective framework to achieve those goals.

One of the biggest gaps is in the area of modern slavery. The previous Government brought in the Illegal Migration Act 2023, which shamefully stripped protections from those who arrive irregularly in the UK, leaving victims at risk of further exploitation. This Bill does not reverse those measures, which exclude asylum seekers from the protections under the Modern Slavery Act 2015. Further, without access to the national referral mechanism, survivors of modern slavery are left without the support they need to rebuild their lives. Surely the Government can see that that plays right into the hands of the very criminals they claim to be fighting, by keeping victims trapped in exploitation rather than helping them to escape.

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

I just want to point out that, contrary to some of the reporting when the Bill was published, the vast majority of the clauses in the Illegal Migration Act that prevented children and others from having access to the national referral mechanism have, in fact, been repealed.

[Lisa Smart]

I thank the Minister for her intervention. It is good that the vast majority have been dealt with, and we will get into the detail of all of them in Committee.

During the passage of the Illegal Migration Act, the Liberal Democrats tabled amendments to remove those restrictions, which, had they been accepted, would have protected survivors and made it easier to bring traffickers to justice. If the Government are serious about smashing the gangs, they should commit to establishing a new single enforcement body to crack down on modern slavery in the UK, as the previous Government once promised and failed to deliver. Whether it is domestic workers, seasonal agricultural workers, or, in the case of a raid on a Stockport abattoir only last week, meat processing workers, modern slavery is happening across our country today. We look forward to scrutinising the Bill in detail, line by line, in Committee.

The Bill also continues the indefensible policy of detaining children for extended periods, a policy that undermines the UK’s commitment to child welfare and international protections for unaccompanied minors. The Liberal Democrats would end the detention of children for immigration purposes entirely and reduce detention for adults to an absolute last resort, with a strict 28-day limit.

Another shortcoming is the lack of any serious attempt to improve safe and legal routes for asylum seekers. The Government continue to restrict those routes, forcing vulnerable people to risk their lives at sea. They are cracking down on the gangs while simultaneously forcing asylum seekers into their hands. Do Government Members not see the conflict? By shutting down legal routes, the previous Government made the channel crossings crisis worse. Under this Government, the cap on safe and legal arrivals remains, limiting those who wish to travel safely to the UK to claim asylum, rather than turning to smugglers. The Liberal Democrats would take a different approach. We would expand and properly fund the UK resettlement scheme, introduce humanitarian travel permits, and widen family reunion rules to better protect children. If we truly want to tackle smuggling gangs, we must cut off their business model and that means the existence of safe and legal routes.

The Bill could and should go further to improve cross-border co-operation. Stopping the gangs that profit from human trafficking requires more collaboration with our European partners. The UK should work more closely with Europol and the French authorities to track and dismantle smuggling operations before people even reach the channel. As the Home Secretary said, this is an international crisis and it needs an international solution. The UK should be leading in Europe on this issue.

The Conservatives have long failed on immigration. They failed to stop the boats, failed to clear the asylum backlog and failed to crack down on trafficking gangs. The Bill, for all its rhetoric, has too many missed opportunities. We look forward to scrutinising it in detail. The Liberal Democrats will continue to fight for an immigration system that is fair, humane and effective.

18:37

[Margaret Mullane (Dagenham and Rainham) (Lab)]

The Bill paves the way to end 14 years of gimmicks and sticking-plaster politics. The previous Government threw £700 million of taxpayers’ money at the Rwanda scheme, which, from the time it was introduced to the day it was scrapped, saw 84,000 people arrive on our shores in small boats. Given the focus of the Bill, it is important that clear distinctions are drawn on its purpose, and on immigration itself.

Workers arriving here legally to fill the gaps in industry and institutions such as our national health service are vital contributors to our society and economy. Migrant labour and immigration from Ireland and the commonwealth nations built my constituency in the 1920s and 1930s. Not only is that a part of Dagenham and Rainham’s heritage, but my heritage as the daughter of an Irish immigrant. My dad came here for work in the ’50s and contributed to our society throughout his life. Equally, those fleeing war and devastation, human rights abuses and more, have an international right to seek asylum.

It is also important to acknowledge that our borders cannot be an open door, especially not to criminality or exploitation. That brings us to the focus of the Bill. It is why I welcome the Bill and will be supporting it on Second Reading. The Bill seeks to close the gaps, ensuring that law enforcement agencies are granted counter-terror-style powers to tackle organised immigration crime. There is a public perception, and a perception of some who are new to the House, that those arriving here are somehow stealing from the British people—taking something away, whether it be jobs, homes or services. The truth is, however, that many thousands of those who arrive on our shores find themselves exploited and trapped, used in criminality, and thrown into the life of modern slavery. With no recourse to public funds, they are not accessing our services, and without citizenship or national insurance, they are not taking our homes or our jobs.

Lives are being lost, but the organised crime groups who are fuelling this—they are despicable people—do not care whether those who are exploited live or die, as long as they make a profit. Back in October 2019, close to my constituency, we saw how that leads to the terrible tragedy of which the Home Secretary spoke earlier, when 39 men and women were found dead in a lorry in Grays. This cannot continue. The Bill is, first and foremost, a way to disrupt organised immigration crime by scaling up law enforcement and the response to border security checks. It is about our Government getting things done: being tough on crime and tough on the causes of crime, and protecting our borders while still ensuring that the vulnerable, and victims of organised crime, are offered the protection that they deserve.

[Madam Deputy Speaker]

I call the Father of the House.

18:39

[Sir Edward Leigh (Gainsborough) (Con)]

This is a vital issue, and Labour voters feel as strongly about it as Conservative voters. Our inability as a country to control the people smugglers is utterly debilitating to the political process, and is causing tremendous unhappiness and angst in our nation. We can throw brickbats across the Chamber and blame each other, arguing about which Minister is or is not responsible, but until we solve this problem together we are simply feeding a vast populist movement that could be intensely damaging to both the Conservative and Labour parties, so we have to work together to solve it.

I know that I will not persuade Labour to support the Rwanda scheme, but experience shows that the only effective deterrent is to detain and deport. We know that from other countries, such as Australia. I will not become involved in an argument about whether Rwanda is right or not, or how many people were or were not exported, and I agree that the Government should be commended for wanting to be seen to do something, but what they are doing is ineffective because it scraps the Rwanda scheme.

The devil is in the detail, so let me deal with one detail to prove this point. Article 33 of the 1951 refugee convention forbids the return of refugees to countries where they may be at risk, but it creates a specific exception for those claiming refugee status who either pose a danger to the security of the country or have been convicted of a particularly serious crime. That exception exists regardless of the threat of being persecuted, so, under the convention, someone who is a criminal can be exported to Afghanistan. Article 3 of the European convention on human rights is a very sensible and restrained one-sentence article prohibiting torture, but the European Court has expanded its meaning to interpret it as prohibiting Governments from returning individuals to countries where they could be subject to inhuman or degrading treatment. That is a massive extension of article 3’s sensible and reasonable intention. I am sorry to go into so much detail, but it is essential to understand what is going on.

This is typical of the way in which judges have worked to undermine legitimate Government action undertaken by elected representatives. Two weeks ago, I sat in the hemicycle of the Council of Europe listening to Lord Hermer saying that he would always accept every interpretation of the convention. That, in my view, is unhealthy, and undermines our democracy as well as the public legitimacy of the system. The refugee convention was drafted in 1949, in tandem with the European convention on human rights—it is very old, even older than I am, and that is something—and it was drafted by the same people. It was never intended that the ECHR should apply to immigration at that time; it was only in the 1980s that judges in the European Court extended it. In 1996, in Chahal v. United Kingdom, it was held that there was an absolute rule to prevent the exporting of criminals. I am a delegate to the Parliamentary Assembly of the Council of Europe, and the Government should work with other members there to seek to revise the convention. All European Governments are struggling: we are all in the same mess.

[Jeremy Corbyn]

Does the right hon. Gentleman not agree that the European convention on human rights and the European Court of Human Rights are not a pick and mix? If we are signed up to the convention, we have to abide by the decisions taken by the Court. The right hon. Gentleman seems to be taking an approach that does not accept the jurisdiction of that Court over UK law, which is implicit within the Human Rights Act 1998 in this country.

[Sir Edward Leigh]

I know that the right hon. Gentleman has a particular point of view, but what I am trying to explain to the House is that the convention was never intended to apply to immigration. The refugee convention applied to it, and under the refugee convention we can export criminals. It is judges who have extended the European convention on human rights. Unless we persuade the Court to change, I am afraid that if we want to solve this problem—if we want to stop people coming across the channel, and if we want to detain and deport—in the end we will have to grasp the nettle and get out of the European convention on human rights.

There is precedent for issuing a temporary derogation, given that we are facing a crisis, but if that is not heeded, we always have the option to leave the convention altogether and opt out of the Strasbourg Court’s expansive rulings. That covers the criminals claiming asylum or entering illegally. For non-criminals, we need a programme like Rwanda, although it may not be Rwanda; I know that I will not convince the Government on that. As for legal migration, the Government—any Government—must stop subsidising legal arrivals undercutting existing workers in Britain. I am very critical of my own Government for allowing this mass immigration, and I was constantly raising these points from the Back Benches, but at least, albeit too late, the Conservative Government committed themselves to raising the earnings minimum to meet the average earnings in the UK. That must be kept up to date and enforced.

Let me end by saying that it we are to solve this crisis, we need, ultimately, to get out of the convention, stop the boats, and stop importing low-paid workers legally.

18:46

[Shaun Davies (Telford) (Lab)]

It is an honour to follow the Father of the House.

Alongside a deterrent—perhaps—the first, foundational point of any system must be control at the border, and over the past 14 years we have certainly not had that. My constituents tell me that they want change, and want fairness to be at the heart of the border and asylum system. There has been chaos—chaos that saw last year alone at least 77 souls lose their lives by drowning while crossing the channel, about a third of them children; chaos that saw £700 million wasted on a scheme that did nothing to stop those crossings, but paid for a grand total of four migrants to move voluntarily to Rwanda; chaos that saw tens of thousands of people come to the UK and then spend years in hotels, including a manor house in my town, in military bases while our serving personnel waited for homes, and on barges, because the Government of the day refused to process their claims.

The Bill marks a sea change, away from chaos and towards a security that will allow us to tackle the human trafficking gangs with counter-terrorism-style laws and tactics—to go after them, lock them up, and take possession of the proceeds of their crime. That security will allow us to welcome the most talented, the best and brightest, to make this country a better place, contributing to our public services, our cultural sector and our world-leading technology, research and innovation sectors, together with the people who help our country around the world, including Afghan interpreters.

When things go wrong, however—when laws are broken, or time is up—my constituents expect the state to have the ability, the right and the mechanisms to remove people who have no right to remain here. The Bill takes the welcome first steps that will enable the state to remove such people, particularly those who come to the UK to commit crime. I urge the Government to go further, and allow British judges to impose stand-alone deportation orders in cases where the public interest is served.

During the general election campaign, many voters asked me about illegal migration. Many of them had concerns about small boat crossings. They felt that Britain should have control over our borders, and that we should decide who can and cannot enter our country. Illegal small boat crossings undermine that principle, and make it impossible to have an asylum and immigration system that is both fair and functional.

This Bill gives Britain a better deal. It protects vulnerable people against human trafficking and dangerous small boat crossings, and it restores law and order at our borders. It will give us greater powers to identify and detain the people behind the industry. It creates a criminal offence of supplying or handling items that are used for organised immigration crime. At long last, it allows us to tackle the problem upstream in order to stop a backlog the size of Colchester building up, as it did under the last Conservative Government’s watch.

Today’s Bill is about illegal migration and our approach to it. The merits of legal migration, and how to ensure a fair and balanced system, start with the Government’s ability to decide who comes in and who does not, and who stays and who does not. The Bill is a first step towards ensuring that this Parliament, on behalf of the British people, makes that decision—not criminal gangs who make money from exploiting and trafficking children, women and men.

After 14 years, the shadow Home Secretary should have stood up and apologised. I have a warning for the public: those who come up with simple solutions to complex problems are not telling the truth. This Bill is a first step in the hard work to take back control of our borders.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Chair of the Home Affairs Committee.

18:51

[Dame Karen Bradley (Staffordshire Moorlands) (Con)]

It is an honour to follow my fellow member of the Home Affairs Committee, the hon. Member for Telford (Shaun Davies). He made exactly the right point in saying there are no easy answers to this problem.

I stand here in another immigration Bill debate—I do not know how many I have attended in the 15 years that I have been in Parliament. Madam Deputy Speaker, you held the brief of Immigration Minister for some time. We have all tried to combat this problem, and we all want to see the same solution. I sincerely wish the Home Secretary and her team of Ministers the best of luck in getting the Bill right, which may mean that there need to be some amendments to make sure that it actually delivers what she wants it to deliver, because there are no easy solutions. There is no silver bullet that will solve this problem, and any politician who dares to stand up and say, “Only one thing is going to make this better,” is misleading the public and making it harder for all of us to do the job that we were elected to do.

It is important to say that the Bill builds on previous work, including on data sharing and returns. These are all matters that Governments of every colour have worked on for many years. I congratulate the Secretary of State on focusing on those, but it is right to say that this is a process rather than an event, that these are things that all parties and all Governments have worked on, and that legislation can only go so far. This is about how enforcement happens, about training and about understanding at the frontline. I praise the NCA, which has done incredible work on this issue globally for many years and continues to do so. We need to remember when people get to the beaches in northern France that an awful lot of others do not make it there because of the work of the NCA and other parts of our law enforcement system.

Illegal migration is a global problem, and we cannot escape that. We have talked about the increase in numbers, which is down to global events. This is happening across the world; we are not the only country suffering from this problem. We might see it acutely on the boats crossing the channel, but this is happening everywhere. May I ask the Home Secretary to use her good offices, and those of the Prime Minister, to raise this issue at all multilateral levels? We need it to be on the agenda for the UN General Assembly, and we need an annual Heads of Government meeting at a UN level to look at this matter. The Father of the House, my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), talked about when the refugee convention was written and what it was written for. Things are different now. We are living in a different world, which means that we need to work together globally to deal with this issue.

In the short time I have, I will make just a couple of points. I welcome the measures on endangering life at sea, but the devil will be in the detail. We will need to make sure that the measures are properly understood by those enforcing the laws, and that they can actually be implemented. The Home Affairs Committee has heard that if a boat gets on to a beach near Calais, it is very difficult for anyone to intervene at that point because of the legal position in international maritime law and other matters.

I also welcome the protection measures and the biometric testing. I met representatives of the British Red Cross last week, and they have some very interesting ideas about potentially expanding where that testing could take place. I hope that the Home Secretary and the Minister can take that point forward.

My final point is about modern slavery. I welcome what the Home Secretary said about the protections for victims of modern slavery, but I want to reiterate that modern slavery is not a migration crime; it is a financial crime. It is the exploitation of one human being by another for financial profit, and we must not confuse the two. If somebody chooses to pay a people smuggler to put them in an unsafe vessel, that is a crime, but it is a consensual crime. If somebody has been forced to get into an unsafe vessel, that is a coercive crime and needs to be treated differently. In much the same way as our policy response to a person who gets ill from having their drink spiked is different from our policy response to somebody who gets ill from taking an illegal substance that they chose to buy, there has to be a different policy response to victims of modern slavery.

May I ask the Home Secretary and the Minister to make sure that, throughout the passage of this Bill and elsewhere, the victims of modern slavery are put at the forefront and can get the protections they need? They should enter the national referral mechanism so that they can be looked after. We owe it to the world to be a leader in this matter, and I fear that if we do not take those steps, we will fail to be so.

18:56

[Olivia Bailey (Reading West and Mid Berkshire) (Lab)]

I rise in support of this important Bill, which is a crucial step as this Government regain control of our borders after the Conservative party lost control.

My constituency is a diverse and welcoming place. We have a long and proud history of migrants from around the world coming to work and contribute to our community, and we have a proud history of welcoming refugees fleeing persecution and abuse. That compassion is part of who we are as a country, but our compassion must always come alongside control and a system that is fair. That is why my constituents are right to be angry about illegal crossings. When the last Government lost control of our borders, it risked lives and undermined our national security, and meant that people could cheat the system. It also meant that millions of pounds were being spent unnecessarily while our public services were on their knees. Enough is enough. This Government are determined to secure our borders.

Whereas the Conservative party chose the path of sounding tough but failing to deliver, since the election this Government have rolled up their sleeves. Whereas the Conservative party picked fights with France, we have made landmark deals with international partners. Whereas the Conservative party spent nearly £9 million a day on hotels for asylum seekers, we have restarted processing to save the taxpayer £4 billion a year over the next two years, and to end the use of hotels. Whereas the Conservative party spent years pursuing the fiction of the Rwanda scheme to send a sum total of four volunteers, on our watch 32 charter flights have returned migrants across the world, enforced returns are up by 24% on the year before the election, and our streets have been made safer through the removal of 2,500 foreign criminals.

The Bill before us does two really important things. First, it removes from the statute book the fallacy of the Rwanda scheme—the so-called deterrent that saw 84,000 people cross the channel between the day it was announced and the day it was scrapped. Secondly, the Bill removes a hodgepodge of unenacted and unworkable clauses, whose sole purpose in law is to act as a monument to Conservative failure.

Most importantly, this Bill delivers a range of counter-terror-style powers that I believe will enable us systematically to dismantle the vile criminal gangs who facilitate small boat crossings and risk lives. It introduces new offences, so that we can use every tool possible to put gang leaders away; new powers to seize devices, check biometrics and share data; and a new role for our new Border Security Command, so that we can ensure that all agencies work together. No more empty rhetoric; instead, a common-sense, intelligence-led approach to border security. We are taking down the gangs and building the international relationships that we need to regain control. We have turbocharged our asylum system so that we can return people with no right to be here and allow those granted asylum the chance to work and contribute. A real plan. No more empty rhetoric from the Conservatives or Reform; these are concrete steps to secure our borders, and I will be proud to vote for Second Reading today.

18:59

[Mr James Cleverly (Braintree) (Con)]

I cannot help but think that the Home Secretary thought that border control, reducing illegal migration and stopping the boats was going to be considerably easier than it has turned out to be. She spoke with great authority and confidence ahead of the election, and yet, as the shadow Home Secretary, my right hon. Friend the Member for Croydon South (Chris Philp), has highlighted, since taking office the Labour Government have seen almost every key metric go in the wrong direction. I therefore think it is right for us to look at what is actually in the Bill—not just the tone and the rhetoric, but the detail.

What the Home Secretary says in general terms is quite welcome, but let us look at the example of the new Border Security Command. At the Dispatch Box and in the media studios, she has spoken about this new, powerful organisation that will bring a step change in the co-ordination of our national response to illegal migration, so when the Bill was published, I looked with great interest at the specific provisions for this new, powerful organisation headed by a senior former police officer and a senior former Royal Artillery officer—a wise choice of regiment—and I found myself saying, “Is that it?” Looking at the detail, we see, as my right hon. Friend set out, that this powerful new organisation will be able to write a plan, to present an annual set of accounts and then to ask nicely, but not compel, any other organisation to do its bidding. The headlines might sound great, but the detail is frankly underpowered.

This Bill removes more power from the Government than it puts on the table—as my right hon. Friend said, the ability to seize and search mobile phones already exists—so when we come to the Division later this evening, we will be making our decisions on what is actually in the Bill, not on the rhetorical cloud that surrounds it. The simple truth is that the Government had an opportunity to make something different and to be courageous, but they missed the target. This Bill is massively underpowered. It does not have the kind of game-changing clauses that the current situation demands. People on both sides of the House may disagree with the detail of the Rwanda scheme, which this Bill repeals, but it was at least an attempt to do something significant in response to a significant situation.

Ultimately, the Home Secretary will have to explain, or perhaps the Minister for Border Security and Asylum will do so in her summing up, where she envisages people being returned to if they fail in their asylum application here in the UK but their home nation is deemed unsafe to return them to—the Afghans, the Syrians and people from other parts of the world. If the Home Secretary is saying that they cannot go to their home country or to a third country, she is by definition saying that they can stay here, and that is a blank cheque for hundreds of millions of people around the world. She can be as critical of me and the Conservatives as she likes, but until she comes up with a credible alternative, her criticism is massively undermined, and this is not a credible alternative.

This is a missed opportunity. This is words but not action. This is headlines but no substance. When this Bill is passed, as it inevitably will be because the Home Secretary has a majority, but then fails to achieve what she has promised, she will find that her party is punished at the ballot box.

19:04

[Kenneth Stevenson (Airdrie and Shotts) (Lab)]

I shall begin by committing my support to the Government’s efforts today. After years of the Conservatives failing to secure our borders with failed projects such as the Rwanda scheme, it is refreshing to see legislation come forward in this place that will smash criminal smuggling gangs and disrupt their ability to carry out small boat crossings. When debating such issues, we must not forget the lives lost in small boat crossings. They include women and children, often fleeing violence and persecution, and they are treated in the most abhorrent manner by criminal gangs who put them on those small boats with no care whatsoever for their safety, or indeed for whether they make it across the channel. We must be in no doubt that the sole focus of these criminal people smugglers is profit. They care not for the lives of the vulnerable and frightened, but only for lining their own pockets and the continuation of their despicable criminal enterprise.

Although not a surprise, it remains absolutely absurd that Reform UK and increasingly the Tories, under the Leader of the Opposition, point the finger at a Government that are actually working to address this issue, rather than work co-operatively to save lives, punish criminals and secure our borders. It would be fair to say that Reform UK is engaging in a form of politics that absolutely scrapes the barrel. It is focused on pitting working people against one another. Its language and manner have seen people who have been settled in this country for decades become increasingly frightened about walking their own streets, and it has no care whatsoever if its actions erode the great British values of tolerance, inclusivity and respect.

[Mike Tapp]

Does my hon. Friend agree that perhaps the reason Reform is not here tonight is because it has so many other jobs to attend to?

[Kenneth Stevenson]

I certainly agree with my hon. Friend.

As the Prime Minister and the Home Secretary have said, the acts of criminal gangs must be treated as a global security threat, and as such must be addressed using counter-terrorism tactics. I am pleased that this legislation will allow immigration enforcement, the police and the National Crime Agency to seize electronic devices from people who come here illegally, if intelligence suggests that this would help to gather information on organised immigration crime. Indeed, I am reassured that these measures have been established in co-operation with law enforcement and by learning best practice from other examples of tackling and defeating sophisticated and organised crime.

In taking these steps, we will limit and disrupt the operations of the criminal gangs, which is critical to securing our borders. This stands in stark contrast to the previous Government, who spent £700 million of taxpayers’ money on their failed Rwanda scheme. Their costly gimmick sent just four volunteers to Rwanda and caused a complete collapse in asylum decision making. What a difference serious government makes. Is it any wonder that the people of this country voted for change?

We have debated in great detail the technicalities of this legislation, but I would like to briefly look at my own constituency of Airdrie and Shotts. Lanarkshire is a place where many communities from across the globe have settled, where their culture has been respected and enjoyed, and where people have been welcomed after fleeing situations that could only be described as horrifying. However, just last week when I held my surgery on Friday, I took a walk around Airdrie and found graffiti in our town centre that can only be described as racist, abhorrent and hostile. It was the sort of language that is not welcome in Airdrie and Shotts, and I reiterate my support and solidarity for those communities who have made our towns and villages their home over many generations and contributed positively to our local area.

Immigration must be controlled, but it can and does work. I conclude by reminding those on the Opposition Benches that people are watching. People are listening to their rhetoric, and if they continue to embark on a campaign of rhetoric and divisive messaging, they risk destroying the historic ties, tolerance and unity that make Britain great.

19:09

[Pete Wishart (Perth and Kinross-shire) (SNP)]

Well, here we go again—another Government with the same old, tired, failed approach to asylum and immigration. Other than getting rid of the truly bizarre Rwanda Bill, this Bill just picks up where the Tories left off, with the added extra of further criminalising asylum seekers.

I cannot help feeling that a lot of the activities and debates around this Bill have quite a lot to do with Reform’s rise in the opinion polls. Its Members usually sit behind me but, bizarrely, they have not turned up to debate this immigration Bill. The bizarre videos of the Home Secretary going to deportation centres and the posters celebrating the Government’s success in deporting and kicking people out play right into Reform’s territory. I say to Labour Members that they will never out-Reform Reform—they are masters of the art of anti-immigrant rhetoric. Regardless of how hard Labour Members try, they are mere amateurs by comparison. All Labour is doing by going on to Reform’s territory is legitimising it. You do not pander to the populists and the likes of Reform; you take them on.

The Bill does nothing to address the real issues we will confront in the middle-to-late part of this century. The Bill is totally fixated on the small numbers of people who come across the channel in small boats, but it does nothing to tackle the massive structural problems that are about to come our way because of population stagnation and population decline.

If anything, this Bill is designed for the early part of the century, not for the part of the century we are about to enter. Nations across the industrialised world, including Italy, Spain and France, are taking action to increase their population. South Korea has pumped $200 billion into what it calls the demography crisis. Japan has historically been resistant to immigration, and with a birth rate of one child for every three women, its population is predicted to fall by 25% by 2050. Japan will fall from third in the GDP league to eighth—that is what is coming our way.

Even the Bill’s purpose of defeating the gangs is doomed to failure. This Bill does nothing to address the root causes of irregular immigration, and it does not even start to get curious about why there is a problem with immigration in the first place. All it will do is make immigrants take even greater risks. It will have very little impact on the gangs the Government are targeting, as the gangs will adapt their business models accordingly.

The Government might inadvertently make the gangs’ obnoxious trade even more lucrative. The smuggling gangs are successful because they have exclusive rights and a monopoly on the irregular immigration market. There is nowhere else for people to go other than to the illegal gangs, as there are no safe routes to get into the UK.

We have particular problems in Scotland. Our population is currently around 5.43 million, and it has grown modestly over the past few years because of the Conservative Government’s immigration debacle, but Scotland will be one of the first parts of the UK to experience population decline, and it could come as early as 2030. That is why we have been so resolute and persistent in calling for a Scottish visa, and all sectors in Scotland now support that call.

[Chris Murray (Edinburgh East and Musselburgh) (Lab)]

rose—

[Pete Wishart]

I think Scottish Labour also supports it, as the hon. Gentleman will probably clarify.

[Chris Murray]

Of course, the issue is that Scotland is not the same everywhere. My community in Edinburgh and East Lothian is seeing its population grow, while other parts are seeing their population decline. The reason is Scotland’s labour market and economy. Even when we had access to 300 million people as an EU member, with net migration of 900,000, there were still parts of Scotland that were unable to attract migrants. The problem was not the immigration system; the problem was our labour market.

[Madam Deputy Speaker (Caroline Nokes)]

Order.

[Pete Wishart]

I do not think the hon. Gentleman understands the scale of the problem in our nation of Scotland. Twenty-two per cent of our population is over 65, compared with 19% in England. We have one of the lowest birth rate ratios, with one child for every three women. If we do not do something quickly, this will have a huge impact on every sector of our society and every part of our economy.

I thought Scottish Labour supported a Scottish visa. I have heard Jackie Baillie speak very interestingly about it, but all of a sudden Scottish Labour has abandoned it. Every time I raise it with the Home Secretary, I am totally rebuffed. Every time my colleagues ask the Government to give us the tools to help address our predicament, we are told where to go.

We need the tools so that Scotland can grow its population, and so that we can equip ourselves for the problems that are already coming our way. We need a new mindset on immigration, which we have to start seeing as a benefit to communities. We have to recognise how it enriches our society. For the Government, immigration is a bad that has to be dealt with, and that is such an early-century approach. We will soon be facing population stagnation and decline. Unless we get ready and prepare for what is coming, we will be in serious trouble.

I look across at Labour Members who are singularly uninterested in any of this. They want to be as hard on immigration as the Tories and the Reform party. It does not work, it cannot work, and it is the wrong solution for where we are heading. I encourage them to think once again about what we all need across the United Kingdom.

19:15

[Bell Ribeiro-Addy (Clapham and Brixton Hill) (Lab)]

I commend the Home Secretary and her team for the reforms in the Bill that are genuinely positive, including the scrapping of the unworkable and costly plan to expel asylum seekers to Rwanda—a repressive regime that is making war on its neighbours. The Bill rescues us from the “Alice in Wonderland” situation in which Rwanda is safe if the Government say it is safe. The Government have also scrapped and towed away the Bibby Stockholm, the miserable and dangerous prison ship, and committed to deciding asylum claims that had previously been placed in indefinite limbo. Those are all positive developments.

However, it is difficult to be positive about the remainder of the Bill. It clearly aims to prioritise border security, but the malign Greek chorus that chants “Stop the boats!” in response to every problem in our society is wrong. With these measures, as with others, the boats will not be stopped unless we look at the issue holistically. Have we stopped organised crime, drugs, people trafficking, fraud, firearms and so on? Of course not, because some of those crimes are high-tech operations, but all these overseas-based people smugglers need is a dinghy.

We cannot have a credible plan to smash the gangs unless we deal first with the demand for what they supply. Many of us have long argued that the way to undercut and ultimately eliminate the gangs is to re-establish safe and legal routes for asylum seekers, to establish processing centres in northern France, to turn away failed applicants, and to allow safe travel for those who are entitled to be here.

[Ms Diane Abbott]

Does my hon. Friend agree that more people should listen to those of us who say that, if we do not want people drowning in the channel, the answer is to enable the processing of asylum claims in northern France, as the French have offered?

[Bell Ribeiro-Addy]

I thank my right hon. Friend for her intervention, and obviously she is always right. It is not impossible; in fact, it has been done before.

Instead, this Bill could end up criminalising people because of how they travelled here, which is wrong. It is widely understood that many of these people, precisely because they are victims of persecution, cannot apply for visas in the normal fashion, and many more cannot afford the cost of long-haul flights either. Genuine and valid asylum seekers could be criminalised. We should remember that these people are fleeing war and devastation. Some have been trafficked, and many of those are brought here as slaves—either for domestic service and menial unpaid work, or for sex slavery. The Bill could abolish their rights and protections under the Modern Slavery Act 2015.

Then there is the question of immigration detention, which will increase as a result of the Bill. The immigration detention estate is already costly and cruel. It is a ridiculous irony that we are releasing criminals because our jails are full, yet we are increasing the use of immigration detention despite 75% of those detained eventually being found to be entitled to be here.

The main concern has been foreign national offenders, and 4,674 were returned in the year ending September 2024. That is an increase of more than a quarter compared with the previous year, which means that this Government are doing what they want to do on foreign national offenders. Why are we holding on to the idea of increasing the immigration detention estate when we know that in 2019 the Conservative Government awarded asylum accommodation contracts worth billions of pounds to just three companies, and almost every single one of the removal centres operated by those companies has reported overcrowding, hostile and unsanitary conditions, and, at worst, death and suicide? Those centres are costly and cruel. A limit on immigration detention would be both humane and efficient. The average daily cost of holding an individual in immigration detention is £122. What a huge cost when there are options for detention in the community. Most people are detained when they go to their bi-weekly reporting session at the Home Office.

We are detaining far too many people unlawfully. In 2023-24, the Home Office issued 832 compensation payments for unlawful detention, totalling £12 million. As we have heard, we detain children—in 2023, the Home Office detained 47 children for immigration-related reasons. We disagree on many things across the House, but the rights of children is not usually one of them. People say there are complex reasons why such detentions happen. To that I say: “Make it simple and make it stop.” We should not be detaining children for immigration-related reasons.

I am also concerned that the Bill might undermine the application of international law to refugees. Section 29 of the Illegal Migration Act 2023 will be untouched, even though it was a truly rotten measure introduced by the Conservatives, who had a problematic relationship with international law. We on the Government Benches must be better than them. At the moment, a trafficked woman who arrived here having been abducted halfway across the world would have no rights as refugee, precisely because her traffickers brought her here on a small boat. That cannot be right.

The Bill focuses on small boat crossings, but it is an immigration Bill, and that means it does not all have to be negative. There are things we could do that we largely agree on, such as scrapping child citizenship fees and introducing further protections for European Union nationals and the Windrush generation. When we were in opposition, we supported scrapping child citizenship fees. The shadow Home Secretary, when he was the immigration Minister, implemented a fee waiver, but last year only 36% of those waivers were accepted—40% were rejected and 22% are awaiting decision. That is just not good enough. This is about children who have lived here for their whole lives—children who were born here, including the children of EU nationals.

We know that EU nationals continue struggle with their rights, which is something that we could resolve. We can all agree that the Windrush generation have the right to be here, but they are still having major issues; we should not wait for the appointment of the Windrush commissioner to be told that they are still subject to the hostile environment. We could do so much more on things we agree on, but unfortunately there are too many instances where victims can be blamed for the crime, and I worry that the Bill could codify that injustice in law.

19:22

[Bradley Thomas (Bromsgrove) (Con)]

We have heard that there are no easy answers to the topic of tackling illegal immigration, but as Members of this House, we have to find within ourselves the collective will to succeed. Since July, 24,586 people have crossed the channel, compared with 19,300 in the same period the year before, which represents a 28% increase since the election. That shows clearly that the Government need to go further with legislation to strengthen the nation’s response to illegal immigration.

I cannot understand why the Government are seeking, through the Bill, to abandon X-ray assessment of asylum seekers to validate their age and prevent a surge in false applicants. All other major countries on the continent, including France and Germany, make use of medical tests to determine the age of applicants. The lack of such testing significantly increases the pull factors, and the Bill also creates a path to citizenship for illegal migrants, which provides a direct new incentive for people to come here illegally.

The truth is that, in many cases, those who travel via illegal routes and seek to claim asylum in the UK travel through numerous safe countries throughout Europe before they arrive here. We have heard from other Members that this issue is global, and I implore the Home Secretary and Ministers across Government to raise it at every single meeting with foreign Governments.

The stark reality is that 87% of those arriving via illegal small boats are young men in their 20s. That begs the question: where are their wives, partners and children? Surely they did not flee a devastating situation of persecution and desperation, and leave their loved ones behind to suffer.

[Daisy Cooper (St Albans) (LD)]

On that point, will the hon. Gentleman give way?

[Bradley Thomas]

Not at the moment.

Furthermore, many of them pay thousands of pounds to smuggling gangs before they make the journey. These false cases do huge damage to public trust in the asylum system, as well as to the cases of genuine asylum seekers.

Over the past two decades, our economy has become addicted to mass migration, and we have been sold the idea that our economic prosperity hinges on the notion that mass migration will deliver prosperity. We were wrong on mass migration. It has instead placed undue pressure on public services, and housing in particular. Many migrants perform valuable roles, particularly in public services such as the NHS and the care sector, but it is critical that the Government focus for the long term on rebalancing our economy in order to once again make all manner of roles attractive to UK citizens, and reduce our dependency on long-term migrant labour.

Mass migration, especially by those who skipped the queue and arrived illegally, does not just impact us economically, but affects the social identity of our communities. The identity of many cities, towns and villages across the UK is changing. Part of that is down to us, as shopping habits go online, but, as reported in The Times today, there has been an increase in illegal workers in retail roles across the country, as cash-only vape shops, tanning salons, convenience stores, barbers and car washes start to litter our communities, with no social benefit to enrich our towns and villages. Not only are such businesses widely considered to be a front for money laundering, but they are linked to illegal immigration and people smuggling. They are a dangerous lure for young people who risk being drawn into county lines-style linked criminality.

We owe it to the future of our country to ensure that we have a controlled, measured approach to mass migration, and to respond with every legal, social and economic lever that we have to protect against the unmitigated erosion of our identity. We must ensure that those who are granted the privilege of leave to remain in the UK are net contributors—that is, they pay more in taxes than they cost the UK taxpayer—and that the customs, traditions and culture of our country are respected.

We must make the distinction between those travelling illegally and asylum seekers travelling to the UK via recognised routes of asylum, such as those who travelled to the UK from Ukraine when Putin’s illegal invasion commenced three years ago. It is a falsehood that the UK can become home to millions of people without any qualifying criteria. My constituents are not anti-immigration, but they want to see a system based on control and fairness to the UK taxpayer. I implore the Government to rethink the Bill, focus on reducing the pull factors to deter illegal migration, and invest the savings into our communities.

19:26

[Olivia Blake (Sheffield Hallam) (Lab)]

I draw the attention of the House to my declaration in the Register of Members’ Financial Interests on the help I receive from the Refugee, Asylum and Migration Policy project and as co-chair of the all-party parliamentary group on migration.

After the mountain of Acts passed by the last Government, I can finally breathe a sigh of relief that today we are debating an immigration Bill that, on its first page, states that it complies with the convention rights. That is a nice change, and one that was much needed.

The Bill builds on some of the vital reforms to our asylum system that our Government have already made. It removes so much of the draconian legislation introduced by the previous Government that stripped those fleeing war, persecution and human rights abuses of their right to seek safety in this country. Repealing the Safety of Rwanda (Asylum and Immigration) Act 2024 and a significant amount of the Illegal Migration Act 2023 is a step in the right direction, but beyond a functional asylum system is one that is fair and welcoming. With that in mind, there are a few areas of the Bill in which I feel opportunities have been missed, and I hope those can be addressed as it moves to Committee.

I am concerned that the Bill does not repeal section 59 of the Illegal Migration Act, which makes any asylum or human rights claim by a national of a safe state inadmissible. Blanket bans on asylum claims from entire countries are fundamentally flawed, and with Rwanda we have seen the dangers of legislating that a country is safe when in reality it may not be so for everyone. Although I know that section 59 has not been enacted, it will set a dangerous precedent if it remains on the statute books.

For example, Georgia, one of the countries that the previous Government added to the safe states list, is becoming an increasingly hostile and dangerous place for LGBTQI+ people. While I have had assurances that the section 59 powers have not been commenced—and I know the Minister shares my concerns about the situation in Georgia—they will be left on the statute book. The Bill provides a golden opportunity to repeal them altogether. If they are not going to be used, what is the use of having them? I ask the Minister to consider that in Committee.

A fair system would also mean people seeking asylum being able to access the UK safely. The four Ps approach to tackling organised criminal gangs, as outlined in the Bill’s explanatory notes—to prevent, pursue, protect and prepare—are all important parts of disrupting the business model of criminal gangs, but I fear that we have lost sight of who needs protecting. No one wants to see more deaths in the channel, but prosecuting people smugglers needs to go hand in hand with other measures to prevent channel crossings. The Bill could provide a vital opportunity to set out clear plans for reviewing and expanding safe and legal routes to the UK.

I hope that those important points can be addressed as the Bill progresses. If not, I hope that we can have a good, grown-up conversation about safe and legal routes, which was absolutely missing from the last Parliament.

19:30

[Gregory Stafford (Farnham and Bordon) (Con)]

I think that everybody across the House wants to see small boat crossings diminish and hopefully conclude entirely. Likewise, I think that most people across the House feel that we need to have a fair, robust and effective way to deal with illegal immigration.

This, as I have said previously in the House, is a moral issue. We do not want to see any more women, children or men dying in the channel. When I raised that with the Home Secretary on 22 July, she seemed to agree with me, but thus far agreement does not seem to have matured into action. Indeed, when the Minister of State responded to me on a similar point on 6 November, she was much more equivocal about how the Government were going to deal with this really serious issue.

That is no surprise when we come to the Bill, which has ripped the heart out of the previous Government’s Illegal Migration Act. All the deterrence put into that Act has been pulled out. That is important for two reasons. First, this Bill will clearly not stop the small boat crossings. Secondly, it sends a message to those traffickers who want to exploit people and bring them across the channel that the Government are not serious about stopping the problem. We can see that from the Bill. As my hon. Friend the Member for Bromsgrove (Bradley Thomas) mentioned, the X-raying and medical checks of migrants have been ripped out. That is something that EU countries do on a routine basis.

[Gareth Snell]

I thank the hon. Gentleman for giving way. These points are obviously going to come from Conservative Members. Have they read the comments of the noble Lord Winston in the other place on 27 November 2023, when he outlined that while scientific equipment may be used, the analysis that comes from bone density checks or X-rays is entirely flawed? The results depend on the calcium deposits and the food that was eaten by the person being X-rayed, as well as other health reasons. Has the hon. Gentleman read those comments? If not, could he read them? If he has read them, does he disagree with what Lord Winston said and think he knows better?

[Gregory Stafford]

Far be it from me to criticise a Member of the other place, especially one with such a distinguished medical career. All I would say gently to the hon. Member is that this is not novel or unique to this country; it is being used in countries across the EU. Likewise, on the Rwanda scheme, which the Government scrapped, we can have a debate about whether it was right or wrong, but EU countries are looking at similar schemes. If the Government do not like Rwanda, why are they not looking at other sites?

It is not just me who is saying this. The National Crime Agency has said clearly that no country has ever stopped people trafficking upstream in foreign countries. While the Australians have done it, that was with a deportation scheme, but that is not being introduced by the Government. Likewise, the former chief immigration officer Kevin Saunders said that the United Kingdom needs a “big deterrent” and that everyone has told the Prime Minister that. We need a big deterrent to stop migrants. Forget about the gangs: if we stop the migrants from wanting to come to the UK, the gangs will not exist.

I come at this from a moral point of caring about ensuring that people do not die in the channel. We need a deterrent, which is sorely missing from the Bill. It should not surprise us that the Government are not robust on this, because Labour voted against every tough measure that the previous Government introduced in the Illegal Migration Act. Labour Members voted against measures to tackle illegal immigration 134 times. They voted to block, delay or weaken our plans to stop the boats 126 times in the last Parliament. It is therefore absolutely no surprise that their Bill does nothing to stop that and will lead to more dying in the channel.

We need a fair migration system. We need to support those who genuinely need our help or whom we genuinely need to fill gaps in our labour market, but we must not be taken for fools by the trafficking gangs, nor must we be taken for fools by this Labour Government.

I accept some of the analysis of the hon. Member for Perth and Kinross-shire (Pete Wishart), who said that we have a problem with our birth rates. However, the way to solve that is not through unlimited mass migration. As my hon. Friend the Member for Bromsgrove said, we cannot build an economy reliant on mass migration. We must build home-grown resilience. Again, this is a moral issue. If we denude developing countries of their most highly talented people, those countries will never be able to rebuild themselves and become successful, and the problem that we are dealing with will just carry on.

I have no confidence in the Government to sort this problem out. That is because, as we have already seen this evening, the Government have no answer on how many of the people who came over on small boats they have deported. Perhaps more tellingly, they have no ambitious target about when any of the measures they are proposing will start to solve the problem.

As I said, we need a fair, robust and effective immigration system, and not this insipid Bill, which will not secure our borders or deter the people traffickers, and, I am afraid, will lead to further deaths in the channel.

19:36

[Mike Tapp (Dover and Deal) (Lab)]

The British people are firm, but they are fair. They believe in order. They believe in justice. They know that security and decency are not rivals; they are partners. Those are the values that built our country, and they must be the values that shape our future, but for too long we have seen those values undermined. The promise of secure borders became a false hope. The system buckled under failure. Where there is failure, there are some who seek to divide us: to turn neighbour against neighbour and to fuel fear instead of fixing problems. They wrap themselves in our great flag, yet they offer nothing but empty slogans and false patriotism.

Border security is not a game. It is not a slogan. It is a fundamental duty of any serious Government. For years, the British people were promised control; instead, they got failure. We inherited open borders. Small boat crossings skyrocketed from just a few hundred in 2018 to 150,000 since. The last Government talked tough but were paralysed by their own failure. Under Labour, that ends.

In just six months, the Government have already taken decisive action. We have set up the Border Security Command and we have fixed and strengthened important international alliances. Nearly 4,000 illegal workers have been arrested since we came into government. Vitally, we have deported 16,400 people who have no right to be here—that is more in six months than the last Government managed in an entire year. The British people were told that this could not be done, but we are proving otherwise.

Today, we take another crucial step with this important Bill. The smuggling gangs are not petty criminals or opportunists; they are predators, and they make a mockery of our borders. We promised the British people that we would treat them like the national security threat they are, and that is exactly what the Bill does.

We do not wait for terrorists to carry out their plans before we act. We disrupt them, we intercept them and we take them down before they can do harm. We hit their networks, seize their assets and cut off their ability to operate. The Bill gives us the power to do the same against the smuggling gangs, to stop those vile criminals before they reach our shores. It allows us to use intelligence to take action, just as we do with terrorists. When our security services, police and the Border Security Command know what those criminals are doing, under the Bill they can act immediately, not sit back and wait for another overloaded boat to capsize in our channel.

[Jim Shannon (Strangford) (DUP)]

I kindly say to the hon. Gentleman—he will know that that is my form when I ask questions—that there is a serious problem with the border between Northern Ireland and the Republic, with people coming in through the Republic, into Northern Ireland and across to the mainland. What are the Minister and the Government doing to address that issue for us in Northern Ireland and the whole of the United Kingdom?

[Mike Tapp]

My understanding from the Minister earlier was that the Bill would work across all borders coming into the United Kingdom—I am sure that will be clarified later.

The Bill removes the loopholes that have allowed criminals to exploit our system. Smuggling is an industry, and we are dismantling it boat by boat, gang by gang. The British people know that an asylum and immigration system only works if it is properly enforced. They know that border security is not about hostility; it is about order and rules. They know that we must not allow criminals to decide who comes into this country. There is no silver bullet, but this Government are taking that control back. We will be firm, because the British people demand it; we will be fair, because that is who we are; and we will be decent, because strength without decency is weakness. Division is easy. It takes moral courage to lead with decency and strength. We are delivering security, and we play the ball, not the player. The Bill will help turn the page on failure, restore order to our borders and protect the country we serve.

19:41

[Sir Ashley Fox (Bridgwater) (Con)]

Many people in my constituency are angry and frustrated at Britain’s approach to illegal migration. They see hundreds of people every week getting into small boats to cross the channel. Those people pay for a place in a small boat because they know that once they set foot on British soil, there is almost no prospect of their being deported. That is morally wrong. It brings the whole immigration system into disrepute.

Earlier in the debate, the Home Secretary was invited to say how many of those she has deported in the past seven months had arrived in a small boat, and there was no answer. I suspect the reason is that the answer is zero, but no doubt the Minister can provide an answer when she responds.

It is self-evident that most of the migrants standing on beaches in France are not refugees; they are economic migrants. They have not only reached a safe country, but have had to travel through a succession of safe countries to arrive at that beach in France. The National Crime Agency has made it clear that to stop the boats, we need an effective removals and deterrence strategy. The Bill does not deliver that. In fact, it does the opposite: it removes the key deterrents that we had put in place.

The last Government were correct in passing the Illegal Migration Act, which would have stopped those who enter the UK illegally from claiming asylum or being eligible for British citizenship. Twenty days after the election, Labour put it on hold, and it is now repealing those provisions through the Bill. It is a privilege to live in this country and to apply for British citizenship. The Government are removing the barriers to accessing that privilege and are therefore inviting thousands more people to join the queue. That is why the asylum backlog has grown under this Government. That is why the number of people in asylum hotels has risen by 6,000 since the election. As my right hon. Friend the Member for Braintree (Mr Cleverly) stated, this is a seriously under-powered Bill. It actually does very little, and it reveals the Home Secretary’s policy of “smash the gangs” to be just a slogan.

Former chief immigration officer Kevin Saunders said,

“You need a big deterrent to stop the migrants. Forget about the gangs—if you stop the migrants wanting to come to the UK, the gangs won’t exist.”

Unfortunately, the Bill provides no deterrent. In fact, it removes the deterrents that were working. It has no vision for controlling illegal or legal immigration, no plan to protect our borders and no strategy to ensure that those who break the law by coming here illegally are removed quickly and effectively. The Home Secretary claimed this evening that the Government are repealing our legislation because it did not work. Did it not work when we struck landmark deals like the one with Albania, which drastically reduced the number of Albanian migrants arriving via small boats? By making it clear that they would repeal the Rwanda scheme before it started working without coming up with any alternative deterrent, the message that the Labour party has been sending to would-be illegal migrants is, “Come and have a go”. Is it any wonder that illegal crossings are up 30% since the election?

The Government are not in control of the borders, so we Conservative Members will reject the Bill. Our reasoned amendment will give Members a chance to say that we want strong action on illegal immigration.

19:45

[Dan Aldridge (Weston-super-Mare) (Lab)]

Like many colleagues across the House, I am in no doubt that immigration and border security are a top concern for many of the people I represent in Weston-super-Mare. They tell me on the doorstep, by email and on social media that this is not a conversation that we can shy away from, although any conversation on immigration and border security is easily inflamed and sensitive for many.

As the right hon. Member for Staffordshire Moorlands (Dame Karen Bradley) said, there is no silver bullet and there are no simple answers, and those who peddle them are peddling falsehoods, but we must talk about and do better at showing how we are addressing people’s concerns. Concern about immigration and the pressures it places on any society or community is understandable, but so are concerns for all human life and the need to support people in need. How we lead on improving border security is a moral duty of this Government, and as a Christian I wrestle with that and with how we best achieve a balance between compassion for those who need help, and clarity and strength when it comes to defending our security and values.

In my constituency, like many others, there are strong views on the extremes of both sides of the immigration question. They are often very loud and absolutely at odds with the views of the vast majority of my constituents, who believe in British values of fairness, tolerance, human rights and the rule of law. They want our systems to work, are proud of Britain’s role as a force for good in the world and want us to sort our immigration system. We need the Government to deliver on a fairer immigration and border system precisely so that people can trust us again to keep them safe and do not turn to extremes because they feel there is no alternative. People are worried and want action, and it is this Government’s responsibility to address those issues in a way that is firm but compassionate, just and in line with our values.

The growing number of crossings, particularly in small boats, is not just a statistic; it is a crisis that demands urgent action. The tragic loss of life—at least 78 people died last year alone—should horrify us all, and we cannot allow that to continue. It is clear that our action to secure our borders and smash the gangs who are profiting from this evil trade in human desperation is necessary and urgently needed. Immigration, both legal and illegal, is of huge national and local concern, which has been fed in many ways by decades of under-investment in our communities, skills and infrastructure, leaving us reliant on importing the skills that we should have been developing here for our communities in places such as Weston-super-Mare.

I lay no blame at the door of immigrants who came here for a better life and who contribute so much to our country. I blame successive Governments for taking the easy route—or the impossible route in the case of the Rwanda scheme—and leaving us in a situation where public trust is through the floor. People can no longer be left behind because it is easier and cheaper to import talent and labour. I see the impact of poverty and systemic under-investment daily, and the people of my constituency and I will not stand for it. That is why I am pleased that the Government are taking concrete action through the introduction of the Bill, rather than following the example of previous Governments and continuing to use border security as a political football. We must find sustainable, meaningful and impactful solutions now. We have run out of road and public patience.

The Bill alone will not fix the deep distrust in our society—that will take years of demonstrable change and investment across housing, healthcare, community safety and jobs—but it will start that process by strengthening our response to border security threats, granting stronger law enforcement powers that allow us to go after organised immigration crime directly, and disrupting the criminal networks that profit from human misery. It will properly equip the teams on the ground to deal with this issue by enabling them to act faster and go further in protecting our borders and national security. Such action is long overdue, and I hope that it will be warmly welcomed by people in my constituency and across the country.

19:50

[Carla Denyer (Bristol Central) (Green)]

The Government deserve credit for swiftly scrapping the disgusting, immoral and illegal Rwanda plan, but we need to scrap the attitudes that underpinned it too. The demonising of vulnerable people and of anyone who is different—pandering to the nasty, dog-whistling of Reform and the Tories—is divisive and dangerous. It is shocking, then, to witness the Government trying to mimic the Tories and Reform with migrant raid videos and adverts boasting about deportations. Do they not understand that that just serves to reinforce Reform’s scapegoating rhetoric? Let us not forget that last summer we saw mobs, driven by hate, trying to burn refugees alive in hotels. The Government should be challenging those narratives head-on and helping communities to heal from divisions, not publishing videos that risk encouraging further animosity towards migrants and anyone perceived as being one.

Let me turn to the Bill. I share the Refugee Council’s concerns about the potential for clauses 13 to 16 and 18 to lead to the unintentional criminalisation of refugees who are forced to make decisions under coercion when their survival is at stake—by being forced to steer a small boat under threat of death, for example. Although I am pleased to see the repeal of child detention powers, 1,300 children were wrongly assessed to be adults over an 18-month period, so how do the Government plan to address that? I welcome the repeal of much of the Illegal Migration Act 2024, but I am concerned that some aspects that should have been scrapped will remain, including, for example, the automatic inadmissibility of asylum and human rights claims from certain countries, which is particularly dangerous for LGBTQ+ asylum seekers.

Let me come to my central point. Focusing solely on enforcement simply is not saving lives. The number of deaths in the channel remains horrifying. Enforcement against criminal gangs is of course needed, but that is not going to work on its own when refugees have no other choice. Instead, if people have a choice not to go with gangs, not to put their children in a deathly dinghy and not to risk their lives, the gangs lose their power.

I hope that Ministers have seen the report on safe routes published by the APPG on refugees, of which I am a member. It contains three recommendations, all of which are already tried and tested in other countries and should, in my view, be totally uncontroversial. First, we must urgently fix family reunion. Refugee children are being intentionally kept apart from their parents by the UK’s asylum laws. That is unconscionably cruel. We must move in line with the majority of European nations by bringing parents and children together, which would likely reduce the number of parents making dangerous journeys across the channel to be reunited with their children.

Secondly, Ministers must improve the UK resettlement scheme, which has a lot of potential but has consistently failed to help enough people—only 435 people were resettled last year. My inbox—like those of many Members, I am sure—is full of heartbreaking pleas from people caught up in delays and huge backlogs, and that step could help to fix the system. Thirdly, I would like the Government to pilot a humanitarian visa, to provide a safe option for refugees with strong asylum claims to travel here and make their claim. It is based on successful schemes in the US and Switzerland that have helped to reduce people smuggling.

In conclusion, bits of the Bill are important and hugely welcome, but let us be clear: scrapping something illegal, immoral and unworkable is the bare minimum, and now we need Ministers to build something better that helps this country to rise above the far-right narrative that demonises all migrants. Before I end my remarks, I invite everyone in the Chamber to join me in a very short thought experiment. “The political environment in your home country has become extremely dangerous for anyone with your political views. People in your movement have been murdered. Last month, your children got followed home by an unmarked car, and you have received threatening calls. You have a family member in the UK who successfully claimed asylum a few years ago and is very worried about you. He implores you to join him. Your options are to stay in your home country, risk being murdered and leaving your children orphaned, or to flee to the UK.” Who among us could say with 100% certainty that we would stay?

I will abstain on Second Reading, because although I support the scrapping of the Safety of Rwanda (Asylum and Immigration) Act and the Illegal Migration Act, if the Government truly want to modernise the asylum system, they must be honest about the need for safe routes and respect for human rights.

19:55

[Becky Gittins (Clwyd East) (Lab)]

The Bill, which has been welcomed by the National Crime Agency and the new Border Security Commander, delivers the measures required to tackle smuggling gangs, prevent people from getting into unsafe boats, and improve our border security. It is about giving our law enforcement agencies the tools they need to tackle what have been described as “industrialised” smuggling networks.

Let us make no mistake, under the previous Government the gangs were allowed to get away with it. Instead of sitting down with law enforcement agencies and doing the hard but necessary work to strengthen our borders and disrupt that activity, the Tory Government focused on their shambolic Rwanda gimmick. Shamefully, as those gangs developed and strengthened their processes, Tory Ministers were signing £700 million cheques as part of their Rwanda plan—an unforgiveable amount of money to move just four volunteers. Not only was that a colossal waste of public funds, but all the while, the lack of focus on disrupting the criminal activity perpetrated by the gangs was leading to more dangerous crossings, with a real human cost for often very vulnerable people.

The Bill puts the Border Security Commander on a statutory footing. Having one person leading a unit with responsibility for co-ordinating the UK’s response to our border security challenges is vital. The Bill sets out the framework for how that leadership role will operate within our current policing and security landscape, and the NCA, police and immigration enforcement must all have due regard to its priorities.

We know that the gangs are constantly looking for new ways to stay in business, and law enforcement in our country needs to keep pace. The Bill contains new immigration offences for the supply or receipt of items that the person knows or suspects will be used to facilitate illegal travel. Those tough new powers draw much from existing powers under counter-terrorism legislation, and are accompanied by powers to seize mobile phones, allow for the better sharing of data, and take biometric information. That represents a step change. It means that those engaged in people smuggling will be viewed as a global security threat, in the same way as terrorists.

I believe that that is worth highlighting. The criminal gangs are putting often very vulnerable people in boats that are wholly unsuitable for such a perilous crossing. It is therefore right that our law enforcement bodies be allowed to go after those criminals with the counter-terrorism powers proposed in the Bill. That will transform our response. We will target the criminals, stop people embarking on those dangerous journeys, and keep our borders more secure as a result. The strengthening of serious crime prevention orders will ultimately make all our constituents safer. The new interim SCPOs will put severe restrictions on people involved in organised immigration crime before they are arrested, allowing us to take decisive action when we know that time is of the essence.

The previous Government threw all their efforts behind the unworkable Rwanda plan, but we finally have a Bill that considers the detail and provides practical measures that will make a tangible difference. That will not happen overnight—we know just how sophisticated the gangs are, and how long they have been allowed to thrive—but with strengthened powers we will be in a far better place to tackle them head on. We are now investing in a workable system, with no gimmicks and no grandstanding. Instead, we are doing the detail. The Bill builds on what the Government have achieved so far, including a £150 million package for a Border Security Command, unlocking new surveillance technology and funding more NCA investigators; anti-smuggling action plans with our key allies in Italy and Germany; increasing enforced returns by nearly 25% compared with the year up to the election; and, of course, utilising the hundreds of staff who were working on the Rwanda scheme. Now they are working on immigration enforcement and helping to deliver bespoke charter flights, removing immigration offenders to countries around the world. This Bill delivers on our commitment to give our enforcement agencies the power they need to protect our borders and our citizens, and it has my support today.

19:59

[Saqib Bhatti (Meriden and Solihull East) (Con)]

I will be voting against the Bill and in favour of the reasoned amendment, for the simple reason that I do not believe this Bill will do anything to smash the gangs, which is what the Labour party sold to the British public.

Over the past 12 months and beyond, my constituents have regularly brought up immigration on the doorstep, talking about both legal and illegal immigration. They want a fair legal system that ensures that the best and the brightest come to this country, as we have always wanted, but for them, this is really an issue of fairness. They believe that uncontrolled borders are not fair, and I agree. Uncontrolled borders make people angry and undermine the case for taking those who are most in need.

Over the past 14 years and beyond, we have had a great track record of taking in refugees from areas of conflict and other places, but by cheating the system, thousands of illegal migrants are entering the country, with the inevitable consequence that our public services are overburdened. That makes my constituents feel that the system is broken—that it does not work for them. Our schools, NHS and welfare system fail to work properly because of the strains caused by illegal migration, and my constituents are right to feel a deep sense of unfairness. Until they see the fundamental issue being tangibly addressed, which this Bill does not do, they will continue to feel that sense of unfairness.

We have seen this with the reopening of the asylum hotels. That is a manifesto pledge that has been broken—the number of asylum hotels and the number of people in them has gone up. Those hotels are funded by the taxpayer, and divert money that my constituents feel could be spent on improving our public services. Earlier, we heard the Home Secretary give no guarantee on when those asylum hotels will be cleared. That will be a consistent and continuous source of consternation for many people across the country, who feel totally helpless when they see pictures and videos of often young men entering this country illegally and being given access to things that my constituents work hard for and pay taxes to sustain.

I firmly believe that all of us across this House want to control illegal immigration, but I fundamentally disagree that this Bill will do so. I have talked about our track record of taking in refugees. We have had a consistent record for many years—we have taken in refugees from Afghanistan, from Syria, and of course from Ukraine—but that track record is being constantly undermined by the dramatic increases in illegal migration, making people feel that we cannot do more.

My right hon. Friend the Member for Staffordshire Moorlands (Dame Karen Bradley) made an eloquent case for this being a global issue. That is often forgotten in the debate, whether it is due to climate change or conflict. However, the public want to see the case being made for the nation state—to know that we can control our borders, and can then allow in the people who we want in the country. Since the Labour party has been in government, we have seen a 28% increase in illegal migration, which will inevitably put strain on our resources. The consequence is that society becomes fragmented, and there are those on the far echelons of the political spectrum who take advantage of that for their own ends and crowd out legitimate and reasonable debate.

The Bill takes away the deterrent and does not deal in any way with the need for a deterrent. As we have heard consistently from the NCA and other experts, without a deterrent, there is nothing disincentivising the gangs from bringing people over. We all want people who are in need to be taken care of, but this Bill does not do that—there is no guarantee that it will. We have heard the Home Secretary continuously fail to provide an answer on that point.

The Bill’s weak tinkering around the edges of the illegal migration system will actually strengthen the gangs, because they now know that they can take advantage of that system. This House is engaged in debate, but the Labour party will win this evening’s vote—of course it will. It has got the numbers; the British people placed a huge amount of trust in Labour, which is now being betrayed, and those gangs will take advantage of it. The one example I will use is that when the Rwanda scheme received Royal Assent, we continuously heard people—and people smugglers—saying that they were not going to come to the UK, and we saw the numbers drop. They will be celebrating the fact that this Bill is going through the House.

[Peter Swallow]

Will the hon. Gentleman give way?

[Saqib Bhatti]

I will not give way, because I only have five seconds. This Bill will weaken our borders and strengthen the gangs, and the Labour party really needs to come up with answers to that.

20:04

[Ian Byrne (Liverpool West Derby) (Lab)]

First, I welcome the Government’s commitment to scrapping the costly and inhumane Rwanda plan, repealing much of the previous Government’s draconian legislation, and overturning the pause on processing asylum applications. They have averted a meltdown by cutting the delays built in by the previous Government. The Government are also right to seek to tackle the vicious smuggling gangs that prey on the most vulnerable, but how we do so is key to the success of those efforts.

I despair of the toxic, dehumanising political narrative around immigration over recent years, which has solved nothing and has driven division and hostility towards migrants in our communities, as we saw during last summer’s racist violence. From immigration mugs to Rwanda, from Reform to blue Labour, the spiral of doom on this issue continues apace. The shameless posturing of politicians who wish to make their name on the back of this issue, driving division, is one of the most unedifying parts of this job and this place. Just last week, the hon. Member for Clacton (Nigel Farage) was praising Trump’s horrific statement about ethnically cleansing Gaza of the people it belongs to—a plan that will create over 1.6 million refugees if, God forbid, it comes to fruition. I cannot help but wonder how many of those freshly created refugees would be invited to build a new life in Clacton.

I also worry that by focusing too extensively on deterrence and enforcement, the Government will miss a vital opportunity to tackle the deep-rooted, systemic issues that are truly at the heart of inequality in our country. If we solve the economic issues, we will begin to heal as a nation, and the toxicity around this debate will lose its power. I have discussed migration many times with concerned constituents, and I really value those conversations, but I was told during one such conversation that we have a shortage of housing due to immigrants and that constituents cannot see a GP because of immigrants. I will repeat in this Chamber what I told my constituent: between 1946 and 1981, as a nation, we built 5 million council homes. Since 1981, we have built 250,000, and Liverpool has not built a council house for 36 years. Thatcher’s legacy, not migration, is where the finger should point for our present-day housing crisis.

Speaking of myths, despite the best attempts of some sections of the media to portray asylum seekers as living a life of luxury at the expense of UK taxpayers, the reality is quite different. It is often the private companies, contracted to run the Government’s immigration services and house asylum seekers in awful conditions, that reap the benefits. Serco’s 2023 half-year results stated that revenues had increased by 13%, with financial statements citing that rise in profits as being partly due to

“strong demand for immigration services”.

The destruction of the NHS by 14 years of austerity and decades of privatisation is why people cannot get a GP appointment or receive treatment in A&E. It is immigrants who helped build the NHS.

A man recently told me that he was a true patriot, and that immigration is responsible for everything he was suffering economically. I reflected on those words—“true patriot”—and the narrative being spun around who is and is not worthy to live on these isles. My brother recently had our DNA tested, and we discovered that we are 65% Irish, 25% Scottish, 9% Welsh and, surprisingly, 1% Danish, but 0% English—Scouse not English, you might say. However, I am fiercely proud to come from these isles and from my great city of Liverpool, with its melting pot of cultures built on immigration. That is how I define patriotism, rather than by race or religion, which is a road I fear many are taking right now in a race to the bottom with Trump’s America.

To conclude, let us stop demonising those who come to the UK in search of safety, security and a better life. Let us nurture humanity, not hatred, and revisit the methods used to house, support and integrate migrants upon their arrival in the UK. As I have said, immigration forms the very foundation of my great city, and we are all richer for it. We know that when it is managed badly, immigration can breed fear, anger and hatred, but that is not inevitable. Managed well, and with the right support in place for local communities and migrants, immigration can reap benefits for us all. I will watch this Bill with great interest as it progresses, to see whether it delivers the fair, humane and effective immigration system this country so desperately needs.

20:09

[Ben Obese-Jecty (Huntingdon) (Con)]

This Government, with this plan, will sadly not get on top of illegal immigration. The Secretary of State made much of the fact that the Bill will introduce powers that mirror counter-terror legislation

“to allow law enforcement partners to disrupt, investigate and prosecute those facilitating organised immigration crime”,

but law enforcement already has the ability to disrupt, investigate and prosecute. The Border Security Command and the recruitment of its commander were announced with great fanfare by the Government, but what is there to show for them? Having already removed any deterrent, the number of small boats has risen to its highest level. By the end of the year, the number had risen to more than 30,000 arrivals—now crossing with impunity.

The Border Security Command is due to provide and oversee a long-term vision for the border security system, but what is that vision? Within that system, the commander is responsible for setting the system’s strategic priorities, but what are they? The commander was appointed in September, and it is now February, so when will he set the Government’s strategic priorities for border security?

The default answer of the Minister for Border Security and Asylum to nearly every question is that the Border Security Command is providing “cross-system strategic leadership” to tackle organised immigration crime—because cross-system strategic leadership is the No. 1 thing that people smuggling gangs fear more than anything. I asked what the Border Security Command’s target is for reducing the number of people entering the country via small boat: “cross-system strategic leadership”. I asked what the Border Security Command’s timeline is for reducing the number of people entering the country via small boat: “cross-system strategic leadership”. I asked what Border Security Command provides in the way of cross-system strategic leadership to Border Force, to the National Crime Agency, to immigration enforcement and to the police. The response was:

“The Border Security Command is, for the first time, providing system leadership across those partners.”

Most importantly, several months after the Border Security Command was established, I asked how many organised immigration crime groups had been dismantled —or, to put that in terms that regular viewers may find more familiar, how many gangs have been smashed? The answer was that it is

“collecting key data across the system… This will support the BSC’s ability to drive cohesive delivery across the system”.

So none—not a single gang has been smashed.

The Government have stated that their new approach to border security will focus on prevent, pursue, protect and prepare. Prevent will “disincentivise migrants”, but how will this legislation do that? Currently, if anybody is wondering whether the journey to the UK will be worth the risk, the gov.uk asylum support webpage states:

“You can ask for somewhere to live, a cash allowance or both as an asylum seeker… You’ll be given somewhere to live if you need it. This could be in a flat, house, hostel or bed and breakfast… You’ll usually get £49.18 for each person in your household. This will help you pay for things you need like food, clothing and toiletries.

It continues:

“If you’ve been refused asylum but you’re still eligible for support you’ll be given: somewhere to live”

and

“£49.18 per person on a payment card for food, clothing and toiletries”.

Whether someone is eligible for asylum or not, they will likely still get a home and £50 a week. What deterrent is there in this legislation to mitigate those pull factors? None.

[John Slinger]

Will the hon. Gentleman give way?

[Ben Obese-Jecty]

No, I will not.

The Bill repeals most of the Illegal Migration Act, removes the duty on the Home Secretary to make arrangements to remove persons who entered the UK illegally to their home country or a safe third country, and allows illegal migrants to obtain British citizenship—more incentives. The Illegal Migration Act blocked asylum seekers from claiming asylum based on their method of entry, so those who entered the country illegally via small boat were unable to claim asylum, not eligible for support and, crucially, not eligible to claim British citizenship.

The Government talk tough on deportations, proudly boasting that they have deported record numbers of migrants, but more than 80% of those individuals are voluntary returns. When I asked the Home Office how much they were each awarded in financial incentives of up to £3,000 per person, the Minister for Border Security and Asylum could not provide that information. Why does she not know? Even those who lose the game still walk away with a cash prize.

With no credible deterrent since the election, we have seen numbers rocket and migrant hotels reopen. In just three months since the election, the number of migrants in asylum hotels rose by 6,000, which is roughly equivalent to the population of the third biggest town in my constituency. Indeed, in Cambridgeshire, the hon. Members for Peterborough (Andrew Pakes) and for North West Cambridgeshire (Sam Carling) have asked the Home Office to rethink its decision to move 146 male asylum seekers into the Dragonfly hotel in Peterborough. I imagine that was not on their bingo card for the first six months of a Labour Government.

The only deterrent in the Bill appears to be five years in prison if migrants refuse to be rescued in the channel by French authorities. I will be staggered if a single person is prosecuted for refusing to be rescued by the French. For reference, threatening someone with a weapon carries a maximum sentence of four years’ custody in the UK, so to suggest that migrants will receive a harsher sentence for not being rescued by French authorities is a nonsense.

This is a terrible Bill that pays lip service to controlling illegal immigration by talking tough while crossing its fingers behind its back. We know that Government Members are more comfortable signing letters to stop deportation flights than they are actually deporting people, but this Bill pours fuel on the fire of illegal migration. It encourages it and facilitates it, and I would not be surprised if Lord Hermer had advised on it. The Bill makes for a snappy headline, but it will not be the solution needed to curtail illegal immigration.

20:14

[Zarah Sultana (Coventry South) (Ind)]

Hon. Members might not realise it from some of the speeches that we have heard, but this Bill is actually about people—people fleeing war, persecution and unimaginable hardship. The repeal of the Safety of Rwanda (Asylum and Immigration) Act and parts of the Illegal Migration Act is welcome, because those cruel, unworkable policies undermined our international obligations and put lives at risk.

This Bill still falls short, however, because it retains harmful provisions, such as section 59 of the Illegal Migration Act, which deems asylum claims from countries such as Albania, Georgia and India inadmissible. Those are not universally safe countries—just ask the LGBT community in Georgia, journalists in Albania, or Kashmiris and religious minorities in India. Survivors of trafficking and torture from those nations seek refuge here, so denying them asylum based on nationality alone is unjust and risks returning them to danger.

Section 29 of the Illegal Migration Act is equally appalling. It denies protections to victims of modern slavery if they have a criminal record, ignoring that many are coerced into crime by traffickers. Punishing victims for their own exploitation is not just cruel; it is a failure of justice. Section 12 further weakens judicial scrutiny of immigration detention, letting the Secretary of State determine what constitutes a reasonable period. That strips away legal safeguards and allows indefinite detention by ministerial order. Sections 12, 29 and 59 also risk breaching the European convention on human rights and should be repealed.

The Bill also introduces new offences that could see refugees prosecuted simply for seeking safety—a deeply troubling approach. In reality, these measures will punish desperate individuals rather than the smugglers who exploit them. Let us be clear: no one risks their life crossing the channel in a flimsy boat unless they have no other choice. Enver Solomon, chief executive of the Refugee Council, put it plainly:

“Criminalising men, women and children who have fled conflicts in countries such as Sudan does not disrupt the smuggling gangs’ business model. When a refugee is clambering into a boat with an armed criminal threatening them, they are not thinking about UK laws but are simply trying to stay alive. The most effective way to break the smuggling gangs’ grip is to stop refugees from getting into the boats in the first place, which means giving them a legal way to apply for asylum in the UK without crossing the Channel.”

Yet this Bill fails to do that.

The Bill continues to treat desperate people as criminals rather than addressing the reasons that they are forced into dangerous crossings in the first place, and it fuels toxic rhetoric that breeds hate and division. We have all seen the consequences of that: asylum hotels named by MPs in this Chamber have been targeted by far-right rioters who set them alight. I have said it before and I will say it again: the enemy of the working class travels by private jet, not migrant dinghy. When politicians and the right-wing press deliberately stoke anti-migrant sentiment, they distract us from the real issues: a system that prioritises profit over people, that slashes our public services, that gives tax breaks to the wealthy and that allows inequality to flourish.

This Bill could have ended the hostile environment, but it doubles down on the same failed policies by criminalising refugees, denying protection to survivors and failing to provide safe routes. As an MP representing Coventry, a proud city of sanctuary enriched by generations of immigration, I demand better. We need a system that upholds human rights and international law and is built on fairness, compassion and humanity, not more failed, punitive policies. We need safe, legal routes for asylum seekers, family reunification and protections for trafficking survivors. This Bill, however, entrenches injustice instead of ending it.

20:18

[Nick Timothy (West Suffolk) (Con)]

The Home Secretary asked earlier why we oppose this Bill. The answer is that it weakens the law and it allows illegal immigrants to claim asylum, live off benefits and become British citizens. It hinders enforcement by stopping scientific age checks for illegal immigrants and it allows the courts to further restrict immigration detention. No wonder the Home Secretary was yet again unable to say which metric we should use, and when, to judge whether she has succeeded in “smashing the gangs”. Once more she revealed her party’s true self by arguing that the problem with the crossings is not the crime of illegal immigration, but the risk to the illegal immigrants.

Much of this Bill is fanciful. New offences for facilitating the channel crossings apply in other jurisdictions. The idea that the state, even working with other countries, might identify, arrest and extradite the criminals involved, when it fails to prosecute elementary immigration crimes committed on British soil, seems far-fetched.

Some measures are pathetically weak. For example, the Bill requires the Border Security Commander to produce a “strategic priority document”, to which partners agencies must have “regard”. Even measures that supposedly toughen policy have glaring loopholes. The new offence of

“endangering another during sea crossing”

excludes the parents of children on the boats from prosecution, obviously encouraging migrants to put more children on to the boats. But it is all a sham, because we know that the Government’s real policy is to rush asylum claims through, accepting the vast majority before hiding immigrants in the welfare and local authority housing budgets. A Government impact assessment last July admitted that in black and white, stating that 44,000 illegal immigrants who Ministers were choosing not to deport would be granted asylum instead. That cohort alone will cost the taxpayer up to £18 billion over their lifetimes. So opaque was the Home Office about the true costs of its policy choices that the UK Statistics Authority rebuked it, in a letter to me, for being insufficiently transparent.

That should prompt an urgent question about what we are going to do with the huge numbers of low-skilled and high-cost immigrants who have come to Britain in recent years. According to the Centre for Policy Studies, more than 2 million visas have recently been issued to immigrants who could soon get indefinite leave to remain. That gives them the right to live in Britain indefinitely, and grants them access to the NHS, social housing and benefits. Even cautious estimates suggest that the net lifetime fiscal cost to the taxpayer could reach £234 billion.

That brings me to my final point: those immigrants who entered the country illegally should never be allowed to stay here, and those who came here legally on time-limited visas and have not contributed enough should be expected to leave. My right hon. Friend the Leader of the Opposition is right to say that ILR should be conditional on someone’s respect for the law and their contribution to our economy. That would go some way to making up for the failures of immigration policy in the recent past, and it would mean a different system, in which we think of immigration as a temporary stay, not a permanent right. It would increase the outflow of migrants as we also control the inflow, and ensure that both the law and the state are in a condition to deliver that policy.

Civilisations that are unable to control their borders die, and ours is no exception. The future of immigration policy must be not just about who comes here, but about who we decide must leave.

20:22

[Tony Vaughan (Folkestone and Hythe) (Lab)]

I draw attention to my entry in the Register of Members’ Financial Interests, and the support provided to my office by the Refugee, Asylum and Migration Policy project.

I commend those on the Government Front Bench for their work on the Bill, which will give law enforcement agencies the powers that my constituents in Folkestone and Hythe expect them to have to tackle the smuggling networks. It is a lamentable failure of government that the Conservative party prefers gimmicks to practical, workable solutions to take down those gangs. The only winners in this multimillion-pound industry, which burgeoned under the previous Government, are organised criminals who exploit the desperation of others and force many to work in criminal enterprises in the UK.

In my 18 years as a lawyer, I worked with many victims of modern slavery and saw how organised criminals use brutal, dehumanising tactics to destroy the will and dignity of their victims. Instead of addressing that complex issue, the Conservative party wasted £700 million on an expensive Rwanda gimmick and created a massive asylum backlog, all while stoking division and disregarding the rule of law. I am pleased to see this Government draw a line under that by taking a different approach and repealing the Safety of Rwanda (Asylum and Immigration) Act 2024 and most of the Illegal Migration Act 2023. I am pleased that their answer to these problems takes the common-sense approach of tackling organised crime with stronger law enforcement tools.

I wish to use my remaining time to make two points about something that the Bill leaves in and something that it leaves out. First, I thank the Minister for repealing the worst aspects of the Tories’ Illegal Migration Act when it comes to modern slavery, but do we really need to keep the uncommenced provision in section 29, which would block modern slavery protections on public order grounds, and could well undermine our efforts to combat trafficking?

Section 29 would deprive police of the vital intelligence needed to imprison traffickers, who intimidate victims into silence by convincing them that they will be harmed if they speak out. Victims need to trust that their coming forward will lead to protection, not punishment, but under section 29, anyone arriving in a small boat could be prosecuted for entering without a visa, and excluded from trafficking protections as a result. Victims are likely to think, “What’s the point in going to the police and making myself a target, when the police won’t protect me anyway?” That would support the traffickers’ business model and violate our international obligations. When the Bill reaches Committee, will the Government reconsider the need for section 29, together with section 63 of the Nationality and Borders Act 2022?

Secondly, the Bill tackles the criminal groups that drive small boat crossings, but it does not address the other dimension of the problem: the lack of avenues through which to seek asylum without making those dangerous crossings. The Home Secretary rightly said that the Bill is focused on the gangs, but pre-arrival processing is an important outstanding issue. We have schemes for Ukraine, Afghanistan and Hong Kong, and we should be thinking about increasing the resettlement of refugees who have already been recognised abroad, for example through the United Nations High Commissioner for Refugees. Will the Minister commit to looking seriously at a pilot system for those from specific conflict zones who have strong claims to be allowed to travel here so that their claim can be fully examined on UK soil? That would build an evidence base on the issue to inform future policy and lawmaking. I echo the remarks of my hon. Friend the Member for Sheffield Hallam (Olivia Blake) on section 59 of the Illegal Migration Act 2023 and the safe country list.

The Bill is a long overdue step towards fixing the foundations of our asylum system so that it is a fair, managed and compassionate system that the public can once more have confidence in. It pursues practical, workable solutions, rather than the gimmicks and divisiveness of the other parties, which I am proud that this Government reject.

20:26

[Wendy Morton (Aldridge-Brownhills) (Con)]

My constituents do not object to immigration per se, and it is a myth that people who voted for Brexit did so purely on the basis of racism—far from it. People across my constituency want a fair immigration system, in which people stand in turn and come to this country fairly. Where the system has fallen down, and we now see ever increasing numbers of people choosing to come here illegally across the channel, we must have a deterrent to deal with the issue. Without that, we will continue to see and feel the effects of too many people coming into our country illegally.

My constituents are clear that the way to smash the people smugglers is to have a strong deterrent. Look at Australia: when illegal migration first emerged as a major problem in 2001, the Howard Government took swift action to break the smugglers by having a deportation strategy. That policy was of course dismantled by the incoming Labour Government in 2007, yet the same Government were forced to reintroduce the Howard Government policy after five years of ever increasing numbers making their way to Australia through people smugglers who saw the elephant in the room—an immigration policy that had no deterrent. That is exactly what we have here in this country: an inadequate measure to deal with a major issue. Illegal crossings are up 30% since the general election. We need to see action, and now, not just tinkering around the edges of legislation. We need to see deterrents in place and working. Currently, there is no deterrent to stop the boats.

Turning specifically to the Bill, it repeals the Safety of Rwanda (Asylum and Immigration) Act 2024 and the Illegal Migration Act 2023. Much has been said about these two pieces of legislation, but what I see in front of me in this Bill amounts to sheer madness. It means that asylum seekers can refuse to take a scientific age assessment and consequently no longer be treated as over 18. How on earth do the Government plan to identify adults pretending to be children if they legislate to allow them not to have to take a scientific age assessment? That surely acts as a further tool in the armoury of the people smugglers, who I am sure are already poring over this legislation and identifying the loopholes. What does it mean for the safeguarding of those in our country who are tasked with dealing with these individuals?

As it stands, the Bill would enable an unintended consequence around refusing a rescue, whereby someone on a small boat can claim they are a parent with a child and can therefore refuse rescue by French authorities, refuse return to France and continue to the UK. We need an understanding and a plan for what to do with someone who cannot be returned. We need third-party agreements, which are vital. That is why we put the Rwanda scheme and the Albania scheme in place. Guess what? It works. It is a route of return and a deterrent. Those coming illegally to the UK from Albania know that they will be returned.

Disappointingly, the minute that this Labour Government came to power and signalled their intentions to scrap the deterrent within our immigration policy, the number of channel crossings once again started to rise—30% in seven months. I accept that as a Government we had far more to do, and our loss of trust with the British people was not least on this issue, but this Bill and this Government’s repealing of the Rwanda legislation will do nothing to improve the trust of this House and the British people and do nothing to make them believe their borders are safe. All it does is tinker at the edges. Our constituents want to see action, not just words.

In all honesty, I cannot see anything in this Bill that gets to the heart of the problem, which has to be to smash the gangs. What is worse, I am left fearing that this proposed legislation simply gives a green light to the people smugglers that this country has open borders without any form of deterrent. For that reason alone, I cannot support this legislation.

20:31

[Josh Simons (Makerfield) (Lab)]

As others have spoken about the specific measures in this Bill, I will take a step back and talk about the ideas that underpin it. There have been grumblings tonight that we are aping Conservative Members and that we are being asked to pretend, to delude ourselves and to dupe the public somehow into thinking that we support strong and controlled borders as a precondition for managed migration. I support this Bill, but I am doing no such thing.

For one thing, we have no need to ape Conservative Members. Their continued smug self-satisfaction smacks of their refusal to reckon with the magnitude of their failure, including to secure our borders. We also have no need to emulate the tub-thumping, NHS-destroying five musketeers who seem to be enjoying flying around the world, raking in cash and occasionally representing their constituents. Only one of them has bothered to show up tonight.

We should worry less about those people and more about the force of our own arguments—the arguments of those who believe in progress and fairness, and who seek to represent the interests of working people in this country. So often I have been told by people who live in wealthier, educated, cosmopolitan cities that support for strong borders and for the right of a public to choose who joins its ranks is an unenviable moral compromise. They say that open borders are the natural state of things, and the use of force to control them is a regrettable, if sometimes necessary, feature of the modern world. Those who think that do not understand the history of our democracy.

I hope the House will forgive a short detour. In the first great democracy in history—ancient Athens—about half the residents were migrants, or metics. Metics were subject to different rules; who joined the city was controlled and the bar was set high for who could become a citizen and vote. If metics broke Athenian laws, they were expelled from the city, and sometimes thrust into the blazing Greek sun. It is a fundamental principle of democracy that people who govern themselves control who they are and who becomes a member of the demos, but in recent decades, some in this country seem to have forgotten that principle. For instance, I was enormously frustrated by the remain campaign’s failure to acknowledge that the EU alters that fundamental principle. We might argue that control is worth giving up for some other reason, such as economic growth or reducing red tape, but without acknowledging that it is given up, we lack the credibility to make the argument.

This is something that my constituents understood perfectly well: control over who joins our self-governing nation is not a moral compromise; it is the heart of what makes us a free people and a strong democracy. The upshot is simple: control over the borders of this country is a precondition for a serious moral debate about who we should allow to join, on what terms and for what reasons. Unless elected Governments can demonstrate to their people that they have control over admission, we cannot seriously debate the trade-offs in who we admit and why.

The public rightly judged my party to have lost credibility on this issue in recent decades. In 2004, we chose not to put the brakes on and opened our labour markets to new EU members. At times, we openly mocked those concerned about migration, but we are not that party any more. I was not elected to this Chamber to espouse those views; in fact, I promised hundreds of my constituents that I would not rest until we gripped our borders, restored control, and yes, as the Home Secretary said, brought down the number of legal migrants entering this country each year—and I meant it. For me, this is not a regrettable moral compromise—a pact with the devil in which we hold our noses and ape Conservative Members to win votes—it is about a deep belief in what it means for our country to be strong, and our democracy respected.

Elected politicians do not just follow the polls; they explain and defend their convictions, and ours are these: the Labour party exists to represent working people. We seek to win power and use it to represent people outside the establishment who do not usually sit in the rooms where decisions are made. At the heart of that is the simple idea that elected people like me should take responsibility for deciding who gets to join our country. Parliament controls our borders, not Brussels or, after this Bill, smuggler gangs. We in the Labour party believe in control and order. The Opposition do not.

I welcome the Bill unequivocally. Those who abuse vulnerable people to threaten the order of our borders should be treated like terrorists, and I am glad that under this Government they will be. In doing so, we are not aping anyone; we are doing what Labour exists to do: take back control to represent the working people of this great country.

[Madam Deputy Speaker (Caroline Nokes)]

We will go down to a four-minute time limit after the next speaker.

20:35

[Rebecca Smith (South West Devon) (Con)]

In the summer of 2001, on a University of Southampton history field trip to the east end of London—part of the course “The Making of Englishness” on changing notions of British and English national identity in relation to issues of race, ethnicity and immigration from 1840 to the present day—Professor Tony Kushner, who still teaches the course now, took us to a building on the corner of Brick Lane. That building was once a Huguenot chapel, then a Jewish synagogue, and is today a Muslim mosque. That visit changed my understanding and perception of how immigration has impacted our country, and of the place of refuge that we have been over the centuries.

Immigration to the UK is not a new thing, and issues with asylum and illegal immigration are also not new. Two years later, I did a stint in the European Parliament working for an MEP, and I spent some time researching the different asylum systems across the member states in response to the issues that we were facing under the previous Labour Government. Why was that? Because the number of immigrants had shot up, casework had rolled in, and it became obvious that then, as now, we were the final destination for a huge number of illegal immigrants.

Fast forward 20 years and I found myself the Cabinet member responsible for refugees in Plymouth. I saw at first hand the exceptional record of the previous Conservative Government in providing for those arriving legitimately as part of resettlement schemes in response to crises in Hong Kong, Ukraine and Afghanistan, and the integration and engagement that took place as more than half a million migrants and refugees settled here, facilitated by many, including my South West Devon constituents. I also saw the impact on local services, housing, health and schools: the cost of even legitimate immigration.

We all agree that we must tackle the numbers arriving in this country illegally so that we can better serve those who arrive legitimately—those claiming asylum through legitimate channels and not arriving here in small boats having passed through safe country after safe country. We must tackle those who ignore international asylum rules, designed so that the burden of those fleeing conflict, famine and persecution is shared equally among those nations that have a moral duty to offer refuge.

The number of those arriving illegally will, however, keep increasing unless we have a deterrent. That is why the Bill is so counterproductive. By removing not only the deterrence put in place by the last Conservative Government but repealing most of the Illegal Migration Act 2023, the new Labour Government are, in effect, removing any deterrent while also increasing the incentives for getting here illegally: the promise of claiming asylum regardless of whether someone arrives legally or illegally, and the promise of British citizenship. Talk about an open door policy.

Since the new Labour Government took office, so many debates involve highlighting the unintended consequences of their legislation. In this case, the unintended consequence is bound to be increased numbers of those likely to try to get to our shores—the complete opposite of what they want to achieve—and with that, a huge knock-on impact on housing, schools, healthcare and public services in general, all because the Government are naive enough to believe that a so-called Border Security Commander will solve the problem. Tackling illegal gangs is a noble aim, but the last time I checked, illegal gangs do not tend to identify themselves easily. All the while, the numbers arriving in this country will only keep increasing.

Without being defeatist, we struggle to tackle knife crime and drug gangs here on our own streets. I remain unconvinced, therefore, that we can tackle the tsunami of illegal boat crossings, which are already up a quarter on previous figures since this new Labour Government arrived, by simply tackling the black market that is driving illegal immigration. By all means tackle the gangs, but to rely on that with no deterrent and, instead, effectively reward those who make it here illegally, is doomed to fail. It reduces the value of doing the right thing and arriving here legally, and is a roll of the dice that is certain to fail before it has even started.

20:41

[Leigh Ingham (Stafford) (Lab)]

Before I get to my main speech, I will say a few words on my position on migration. When I was growing up, my dad, who was a bricklayer, had to go and work in Germany because it was so hard to get good-paying work in Burnley, where I am from. A bit like “Auf Wiedersehen, Pet”, he and loads of mates went over to Germany to help with reunification when the Berlin wall was taken down. He was able to earn the wages that helped my parents put a roof over my head and food in my belly.

Migration is not a threat. It is part of our national story and of the very fabric of who we are as a country, and it contributes to our economy, public services, businesses and communities. What we cannot allow, and should never tolerate, is unchecked illegal immigration, led by bad faith actors who seek to undermine our border security and, in doing so, put lives at risk. For too long, ruthless gangs have exploited vulnerable people by charging them thousands of pounds to make dangerous journeys in overcrowded, flimsy boats. These journeys are not only illegal but often deadly, leading to tragic and unnecessary loss of life. We cannot in good conscience stand by while human lives are treated as commodities and our borders are compromised by those who profit from human misery.

Right now, the system is completely overwhelmed, with unworkable policies creating backlogs and putting impossible pressure on housing and public services. I, too, was a councillor, and I remember the pressures on local services. This is not about turning our backs on those in need. It is about creating an orderly, compassionate and secure system that works for everyone. It is about restoring public confidence and ensuring that our borders are protected without compromising our values. The Bill fixes what is not working, ensuring that we have a fair but firm asylum process that prioritises genuine refugees while stopping the current abuses of the system. I strongly support the Bill, and I encourage colleagues across the House to vote for it. Let us send a clear message: we are a nation of compassion and of fairness, but also one of law, order and border security.

20:43

[Lewis Cocking (Broxbourne) (Con)]

We must bring migration numbers down. They have simply been far too high for far too long. My constituents say that to me loud and clear, and I completely agree with them. Unfortunately, despite the Home Secretary’s words, I am not convinced that the Bill will go far enough. The Government have ignored the National Crime Agency, which has stated that a deterrent is essential to prevent small boat crossings. They are now repealing the legal basis of the deterrent that the last Government introduced, ignoring the fact that there has been a 30% rise in small boat crossings since they took office.

The Government are ignoring their own Back Benchers, who just last week were calling for a stronger stance on immigration, by repealing the laws introduced by the previous Government to toughen up the system. The Illegal Migration Act 2023 placed a duty on the Secretary of State to remove illegal migrants to their home country or a safe third country and ensured that those entering this country illegally would never be eligible for British citizenships. No ifs, no buts: someone entering the UK illegally should never be able to claim citizenship. British citizenship is a privilege, not a right. What message does repealing those measures send to our constituents or those considering the dangerous crossing? Frankly, it shows that if someone manages to get to the UK illegally, this Labour Government will let them stay for good.

I fully support what the shadow Home Secretary, my right hon. Friend the Member for Croydon South (Chris Philp) has set out this afternoon and support the Conservative amendment. Citizenship and permanent residency should not be handed out freely. The ability to access that status should be heavily restricted. It must not be available to those who have a criminal record, have claimed benefits or have accessed social housing. We must be clear that individuals who enter the country illegally should never be granted indefinite leave to remain or citizenship, and I am disappointed that the Bill does the exact opposite.

Clauses 1 to 12 provide a framework to enable Border Security Command to fulfil its role as an effective border security system and set out that the commander must minimise threats to our border security. The commander has been in place since September—what has this new organisation been doing in that time? It certainly has not tackled the threats to our border security; as I have said, small boat crossings are up by 30% since July.

My constituents want to see immigration, both legal and illegal, under control. As their MP, I will vote for measures that reduce net migration numbers to avoid the situation recently forecast by the Office for National Statistics. This Bill fails to do that.

20:47

[Chris Murray (Edinburgh East and Musselburgh) (Lab)]

I am pleased we are having this debate today, as the measures proposed in the Bill are long, long overdue. Anyone can see that confidence in the immigration and border security system broke down under the previous Government, when hundreds of millions of pounds of taxpayers’ money was wasted on hare-brained schemes, tens of thousands were crossing the channel every year, and 69 people died in the waters off our shores while trying to cross the channel last year. We do not need more gimmicks and headline grabbing; instead, we need serious measures and hard graft.

There are three key components to the Bill that I think will have the most impact. The first is the counter-terror-style powers on immigration enforcement. These important measures will make immigration enforcement properly intelligence-led. There is no point in arresting someone when they step off the boat if we do not disrupt the network that funnelled them to the shore in the first place. The new powers on seizing electronic devices, biometric testing and intelligence gathering and the serious crime prevention orders are exactly what is needed. For four years before I was elected I served as the justice and home affairs attaché at the British embassy in Paris, where I saw at first hand the kind of interventions that make a difference in securing the channel border. These measures are exactly what we need. We are talking about large, well-funded organised crime networks, and we need to treat them as such.

Secondly, I strongly welcome the new offence of endangering a life at sea. We have to change the risk calculation of the people getting on those boats, which the Rwanda plan clearly failed to do. It should shame us all that we have somehow contrived a situation where innocent people drown off our shores, and it is right that we treat the people who endanger their lives like terrorists.

Finally, I cannot welcome enough the emphasis on working with other countries. Immigration is, by its very definition, a cross-border phenomenon, so immigration crime is a cross-border crime. Countries such as France, Germany and the rest of the Calais group will be central to helping Britain tackle our challenges, and intelligence sharing, access to databases and joint operations are the bread and butter of fixing immigration challenges.

Immigration is obviously a challenging topic politically, but as with the economy and public services, public trust is conditional on the Government having a firm grip on the immigration system. Folk understand that we live in a complex world and that people cross borders. They want to be compassionate to save those fleeing for their lives. They do not want to see people drown. Most of all, they want to see the system managed. It has to be firm and fair—it has to be both.

The measures in the Bill should have been on the statute book long ago. Rather than just standing on our shores and shouting, we are seeing the Government get down to doing the hard graft of what it takes to secure our borders.

20:50

[Shockat Adam (Leicester South) (Ind)]

There but for the grace of God go I. Like everyone in this House, I appreciate the need for security at our borders and the need for a sensible discourse around immigration, but we must be very careful and mindful of our approach, rhetoric and implementation. Our approach must always be guided by compassion, legality and an unwavering commitment to human rights. I appreciate that the Bill seeks to confront the increasingly sophisticated methods used by organised crime groups to facilitate irregular migration. However, global instabilities, be they conflict or the devastating impact of climate change, force desperate people to risk everything in search of security. Since August 2019, 138 people, including many children, have tragically lost their lives. They are not migrants who drown; they are not asylum seekers who drown. They are human beings. These losses are a stark reminder that people do not take such risks unless they are fleeing unimaginable atrocities. In our pursuit of security, we must take care not to conflate genuine asylum seekers with criminals or opportunists. Our language and policies must not inflame hatred or prejudice against those seeking sanctuary.

In addressing irregular immigration, the Government have proposed the following four pillars: preventing, by disincentivising migrants; pursuing, by disrupting the operations of organised crime gangs; protecting; and preparing. I would like the Government to add one more: participating, to meaningfully resolve global conflict and address the root causes of migration, such as climate change, famine, conflict and human rights violations. We must increase our spending on overseas aid back up to 0.7% of GDP. By taking a proactive international role, we can help to create conditions that reduce the pressures driving desperate migration.

We must not view this entire process through the prism of criminality. Particularly alarming is clause 18, which creates the criminal offence of

“Endangering another during sea crossing”.

This clause is aimed clearly at those inside the boats—the very individuals fleeing peril—and represents a dangerous escalation in the criminalisation powers under the Nationality and Borders Act 2022. Such measures risk penalising vulnerable people who are already caught in the midst of conflict, deprivation and despair. Worryingly, according to the European convention on human rights memorandum,

“Although it is very unlikely, there is no absolute bar to prosecuting parents who have taken their children on journeys which come within the ambit of the Endangerment Offence, which could result in the break-up of families.”

Furthermore, we must ask why the Bill excludes countries such as India, Albania and Georgia from its protections. Genuine survivors of torture, trafficking and persecution from those nations deserve our help, not our suspicion. The retention of sections 59 and 29 of the Illegal Migration Act 2023 would restrict or even criminalise asylum and human rights claims from those very countries.

I call on the Government to address these pressing questions. How will we ensure that our measures do not criminalise those seeking asylum? Why are we excluding countries like those mentioned above? What steps will be taken to increase international aid? The Bill is a missed opportunity to demonstrate the Government’s stated commitment to human rights and the rule of law, and to

“modernise the asylum and immigration system”—[Official Report, 17 July 2024; Vol. 752, c. 40.]

We all welcome the repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024, but I look forward to seeing some meaningful amendments in Committee.

20:54

[Nadia Whittome (Nottingham East) (Lab)]

Let me start by correcting some misinformation that has been shared throughout the debate by Opposition Members— unintentionally, I am sure. Those who speak about illegal immigrants, or people seeking asylum illegally, should bear in mind that everyone, under international law, has a right to seek asylum from persecution. That is enshrined in international law. There is also the right not to be penalised for entering the country without permission when it is necessary to seek asylum. Those who use the word “illegal” should remember that it is only illegal because the last Government made it so, just as Rwanda was only considered safe because the last Government legislated to make it safe. The vast majority of people need to cross the channel by irregular means because there are very few safe routes. The UK requires them to do that, and then criminalises people who do it.

The Government’s scrapping of the Rwanda plan, and the repealing of some of the most extreme elements of the Conservative Government’s legislation, are very welcome. It is essential for this performative cruelty to be wiped from the statute book, and I congratulate my right hon. and hon. Friends in the Home Office team on doing so. However, I must admit that I am disappointed that many inhumane policies have been left to stand. For example, the Home Office will still be allowed to operate a two-tier asylum system: some refugees will be penalised for the route by which they arrived; some victims of modern slavery will continue to be denied protections; and some people’s claims will still be automatically inadmissible on the basis that they have come from so-called safe countries, a number of which are anything but safe for minority groups.

I am particularly worried about certain new elements of the Bill. It expands offences, and gives the state additional powers to investigate and prosecute people. I know that the Government’s target is the organised criminals running these operations, but I am deeply concerned about the possibility that many more people seeking asylum will also be criminalised as an unintended consequence. We must ensure that people who just want to start a new life in safety after being forced from their homes are not punished. We need to combat the dehumanising, false narrative that desperate people fleeing war and persecution are criminals, and we must not treat them as such. Instead, we should be properly reforming our broken asylum system. An improved system should include safe and legal routes, a fair and efficient decision-making process, the lifting of work restrictions, the closure of all large sites, and increased asylum support rates.

It is appalling that 138 people—138 human beings—have died attempting to cross the channel since the summer of 2019. I have no doubt that my party is united in wanting to save lives, but I fear that the Bill, no matter how well-intentioned its aims might be, will not succeed, and that more people will die attempting to reach our shores because it does not tackle the lack of alternative options for claiming asylum, which is driving people on to those dinghies. I worry that our approach, which does not differ drastically enough from that of the last Government, will continue to add to the suffering that so many people seeking asylum have already experienced. When sector organisations such as Asylum Matters, Asylum Aid, Médecins Sans Frontières, the Refugee Council and Migrants’ Rights Network have expressed serious concerns about the Bill, alarm bells should be ringing.

20:58

[Sarah Bool (South Northamptonshire) (Con)]

It is a truth universally acknowledged that we need to have a robust migration policy that fulfils the economic needs of the UK while also protecting and preserving our British way of life. Although it is important that the British public hear loud and clear our acknowledgement that the last Government did not get everything right on migration numbers, it is equally important that recognition be given to the actions that they took to start turning the tide on migration numbers. The changes in visa rules at the end of 2023 curbed some of the student visa abuses, with the result that applications fell by 30%, delivering a cut in legal migration. As for illegal migration, the Safety of Rwanda (Asylum and Immigration) Act 2024 created the foundations for a deterrent—which the National Crime Agency says is essential—that would have allowed the UK to process asylum applications overseas. The Illegal Migration Act 2023 would have prevented those who entered the UK illegally from claiming asylum or gaining citizenship. The Bill before us seeks to undo so much of that good work, as the shadow Secretary of State and my right hon. Friend the Member for Braintree (Mr Cleverly) explained. Labour will allow illegal migrants to claim asylum and have access to British citizenship, remove our third-country deterrent and make our borders weaker.

We are already starting to see the effects of Labour’s light-touch approach to border security. Since the election, we have seen illegal boat crossings up and the number of migrants housed in hotels, at taxpayers’ expense, up. At least the Labour party is consistent on this issue. However, it is essential that we safeguard our borders, and this is not just linked to migration numbers. Under this Bill, the Government are seeking to set up a Border Security Commander who, in exercising their functions—which, I note, are undefined—must have regard to the objective of

“maximising the effectiveness of the activities of partner authorities relating to threats to border security”.

One such partner authority would be Border Force, which is a law enforcement organisation whose priority in relation to channel crossings is

“search and rescue and the safety of life”.

However, as was flagged in the Environment, Food and Rural Affairs Committee’s session last week, Border Force is also responsible for control of personal imports and for checks on illegal meats coming in across the border. Biosecurity threats do not respect boundaries or borders, but Border Force is so stretched that we are able to check only about 20% of the meats imported into the UK. I cannot state clearly enough that our biosecurity is at risk, particularly given the outbreak of foot and mouth disease in Germany, and the spread of African swine fever.

My concern is that the Government have created a new position without clear functions in the Border Security Commander, which is a distraction from the action that is needed now. Overwhelmed by the numbers coming across the channel, and without an effective deterrent, our Border Force cannot manage the catastrophes in front of it. It needs urgent funding, yet this Government are not addressing that.

For all the reasons that I have stated, I will vote in favour of the reasoned amendment, as this Bill fundamentally undoes the good work of the previous Conservative Government, flies in the face of common sense, and is an insult to my constituents in South Northamptonshire, who want to see stronger borders and a tough migration policy.

21:02

[Jon Pearce (High Peak) (Lab)]

I thank the Home Office team for bringing forward this Bill. We all recognise in this place that, over the years, immigration has enriched our country and helped us all to prosper. One only has to look at the local health and care system in and around my constituency of High Peak, where nurses and care workers from around the world are keeping our NHS running. I want to put on record my thanks to all those in High Peak who have made it their home and contribute so much to our communities.

The concerns that I hear from local residents in High Peak are not about those who come here legally, play by the rules and fill vital roles; they are about those who enter the UK irregularly, mostly on small boats, who my constituents see as skipping the queue. This is about fairness, the rule of law and standing up for British values.

Not that long ago, the last Government, Boris Johnson and the now hon. Member for Clacton (Nigel Farage) promised us that leaving the European Union meant that we would take back control of our borders. The last Government left us with open borders and failed to create a plan to tackle illegal migration. Small boat crossings reached record numbers and, in their last three years, the previous Government poured all their energy and resources into the shambolic, unworkable Rwanda scheme—a gimmick that saw just four volunteers go to Rwanda, at a cost of £700 million of taxpayers’ money. That was an utterly scandalous waste of my constituents’ money, and it was anything but a deterrent. It is shocking that so much time and effort was put into a scheme that could never work and would never work.

In High Peak, we saw the consequences of the lack of a deterrent when the previous Government tried to convert High Peak Halls in Buxton into an asylum dispersal centre, which was ultimately only stopped by opposition from local police, local councils and local people.

By contrast, this Government are getting on with the job of delivering stronger border security and a fairer immigration system. We are determined to decisively bring down the number of small boat crossings and end the use of asylum hotels for good. Our deterrent is clear: we will process applications and we will deport those that do not have the right to be here. Some 19,000 people have been returned under this Government—a 24% increase in enforced returns. That is a genuine deterrent, and this Bill will go further in helping to defeat the criminal gangs that are making millions of pounds from preying on vulnerable people. All of us in this House have seen the tragic losses of life in the channel, and stopping the crossings is a humanitarian necessity. The Bill will help to do that by creating the offence of endangering life at sea.

I fully support the measures in this Bill that give the law enforcement agencies the toughest tools possible to break down the smuggling gangs’ ability to carry out those small boat crossings. The Prime Minister was right to say that we need to view the smuggling gangs as a global security threat and treat them as the terrorists that they are. The Bill will replicate the counter-terror powers on issues such as electronic devices at our borders, and introduce new offences against gangs conspiring to plan crossings. As a result of this and the statutory powers of the new Border Security Command, the people of High Peak can finally have faith that our law enforcement agencies will have the power to stop these vile criminals.

Only by taking these concrete steps can we smash the gangs and bring down the numbers of people who are travelling to this country illegally. The Government’s plan for change relies on stronger border security, and it is critical that these steps are taken to ensure that those who threaten our security can be pursued relentlessly and by every means. This Bill will start to restore fairness and balance to our immigration system and, dare I say it, take back control of our borders. That is what the people of High Peak expect, and that is what this Labour Government will deliver.

21:06

[Steve Yemm (Mansfield) (Lab)]

Our country has a proud history and record of offering sanctuary to and helping those in need. From the Kindertransport when we offered a home to Jewish children escaping Nazi persecution to hosting Ukrainians fleeing President Putin’s Russia, our country has proudly welcomed people from around the world. In fact, in our very own hour of need, when our cities lay in ruins after world war two, immigrants from the West Indies played a significant role in rebuilding Britain, filling labour shortages in critical sectors such as construction, transport and healthcare. We should never forget either the contribution that immigrants have made to our country or our responsibility as a place of refuge in the world, but today immigration is higher than it is ever been, and this causes legitimate problems and concerns that my constituents in Mansfield are very concerned about.

Let me be absolutely clear that my constituents, many of whom voted for me last year, are not racist, right wing or far right for having concerns about immigration and the security of our borders. They are neither racist nor far right for being worried about our NHS, about housing or about why their children cannot get a place in the local school of their choice. We must never label those constituents who raise legitimate and factually sound concerns as racist. What we must do as a Government is address those concerns. I believe that the previous Government failed to do that, instead allowing migration, both legal and illegal, to skyrocket. I am glad, therefore, that the Government are scrapping the completely ineffective Rwanda scheme, which cost an eye-watering £700 million, and that we are instead introducing measures that will deal with the problem at hand.

I am particularly pleased that the Bill will target the people smuggling gangs that have facilitated boat crossings of the channel. It will create a new offence of selling or handling small boat parts for use in the channel, it will enable the confiscation of electronic devices and the disruption of communications, and it will support the newly created Border Security Command. These responsible, realistic actions show that this Government are focused on delivering results, unlike the solutions offered by the Opposition.

My constituents in Mansfield want to get on with things. This Bill, along with the other legislation that the Government have introduced in their first six months to support house building and invest in our national health service and schools, will go a long way towards doing that.

21:10

[John McDonnell (Hayes and Harlington) (Ind)]

I simply wish to make one request and propose one amendment to the Bill. I have listened to the whole debate. There are more asylum seekers in hotels in my constituency than in any other constituency in the country. I have two detention centres, one of which was the last to imprison children, so I understand. I tour the hotels, and every time there is a debate like this in this place and it is reported outside, I worry because it creates insecurity, worry and fear among the asylum seekers in my constituency.

To answer a point made earlier, most of the asylum seekers in hotels at the moment did come in the boats, but they came in the boats because there is no other route. It is as simple as that. I chair the Public and Commercial Services Union parliamentary group, and the PCS and the frontline Border Force staff it represents say that the way to stop the boats is to introduce a safe-passage visa system, accessible through our European centres or online. That would undercut the criminal gangs’ money earning potential.

When I meet asylum seekers and listen to their individual stories of the suffering both in their home country and during their passage here, I rarely come away without tears in my eyes. It is also rare that I do not come away impressed by the scale of their talent, and by just how much they can contribute to our economy and our society. I want the message to go out that I welcome asylum seekers—it is as simple as that.

There has been a failure to address the age assessment of individual applicants. The previous Government introduced the national age assessment board, which uses supposedly scientific measures to assess an applicant’s age. As Members involved in that debate will know, experts both in this place and elsewhere—Lord Winston has been mentioned—have contested the idea that it is a scientific approach and said it is inaccurate. It has been proven to be a failure, and where it has been used in other countries, it has never been solely relied upon. What has been successful is a comprehensive evidence-taking process, through a social work-type assessment of individuals.

Since the new system was introduced, as the hon. Member for Bristol Central (Carla Denyer) mentioned, there have been 1,300 incorrect assessments. What does that mean? I will give one example. Under the new law, 450 people have been convicted of arriving on the boats. Of those 450 convictions, 14 people who were imprisoned were later determined to be children. If a child is incorrectly assessed, they are classified as an adult and are put into an adult institution, and some of those classified as adults have therefore been imprisoned alongside adult offenders. That is not fulfilling our duty to safeguard children, is it?

That is why this system needs to be changed. We need to reinvest the £1.7 million that has been wasted on these “scientific” assessments and go back to the social assessments made by professional social work experts. At least we will then be able to live up to the expectation of safeguarding young people.

14:30

[Laura Kyrke-Smith (Aylesbury) (Lab)]

I draw the attention of the House to my entry in Register of Members’ Financial Interests and the support I receive from the Refugee, Asylum and Migration Policy project.

Members across the House want an immigration system that is well managed. When I speak to my constituents, they tell me that is what they want, too—grip, control and a Government back in control of our borders. I am so pleased that the Bill seeks to provide exactly that, and not just with slogans, but with solutions.

I welcome the establishment of the Border Security Command and the enhanced powers to tackle the criminal gangs that make it possible for people to cross the channel in small boats. Those gangs are exploiting some of the world’s most vulnerable people, and that is unacceptable. I welcome the Bill’s focus on unaccompanied children who enter the country in that way. It is right that we will no longer detain them without time limits, and it is right that local authorities will be supported to make decisions on their accommodation needs. We must not leave those vulnerable children in hotels or in any inappropriate adult accommodation. I cannot tell the House how much I welcome the repeal, in full, of the Safety of Rwanda (Asylum and Immigration) Act 2024. Some £700 million of taxpayer money was wasted on a scheme that was inhumane and never going to work.

There are two areas of the Bill that we will need to scrutinise carefully as it moves forward. First, I would like reassurance that we are able to continually review which countries are safe and which are not, based on evidence. That is really important when international events can be so unpredictable and fast-paced, as we have seen with the fall of Assad in Syria, for example. Secondly, we have to be careful to minimise the risk of unintentionally criminalising asylum seekers—people like Ibrahima Bah, a young person from Senegal who was sentenced after steering a dinghy that broke apart next to a fishing vessel, under threat, he claimed, of death. It is the smuggling gangs we need to target, not young people who are coerced while trying to survive. I know that Ministers will be looking carefully at that.

I turn to the international context in which we are discussing the Bill. While I welcome the Bill and I hope it reduces the number of people crossing the channel in grave danger, the reality is that for as long as persecution, war and conflict exist in the world, there will always be people fleeing for their safety, including to the UK. With that in mind, I see a vital continuing role for safe and legal ways for refugees and asylum seekers to seek protection in the UK. We know that safe routes can work; I am proud of our country for the Homes for Ukraine scheme and the Afghan citizens resettlement scheme, for example. When such schemes operate effectively, we do not see people of those nationalities getting on small boats.

The APPG on refugees, of which I am co-chair, last week published an inquiry into safe routes, proposing further solutions, such as reviewing the financial restrictions for UK-based sponsors to reunite with their children who remain in danger overseas. I hope those proposals will be considered. The benefit of options such as family reunion and humanitarian visas is that they are also controlled and orderly, in the same spirit as the Bill.

I also see a vital role for international co-operation. I know the Home Secretary has been working with European neighbours to tackle the criminal smuggling gangs, which is vital. I was pleased to see the joint action with Germany in December. I would like to see international co-operation extend to better anticipating and engaging constructively in resolving the crises that cause people to flee their homes in the first place, and to providing support for people closer to their homes. For example, the 3.3 million people who have fled across a border to escape the conflict in Sudan need support in Sudan and when they flee to neighbouring countries. That work has just got harder with the dramatic cuts to the US international aid budget, which I fear will be deeply destabilising. Ultimately, that is where the work must start to stop vulnerable people attempting to reach our own shores.

I am grateful for the opportunity to speak and I look forward to supporting the Bill tonight.

21:18

[Peter Swallow (Bracknell) (Lab)]

My hon. Friend the Member for Makerfield (Josh Simons) took us back to ancient Athens. I am a recovering classicist, so let me note that Britain has, from the time of the Romans, been a nation of immigrants. Scientific analysis has proven the rich cultural diversity of Roman Britain, and immigration has enriched our country ever since, with people from the Windrush generation to, in more recent times, the Ukrainians and Hongkongers proudly making their homes here in the UK.

As the MP for Bracknell, a new town, I know that my constituents understand what it is to set up home in a new corner of Earth. That said, they also know that it is the first duty of any Government to protect the country, and a functioning and fair immigration system is the prerequisite to that. The Government—any Government—must have control of their borders, but the sad reality is that, under the previous Government, control of our borders was lost.

Nearly 37,000 people crossed the channel in small boats last year. Many of them were vulnerable individuals, but nevertheless the sheer number of people crossing demonstrates a lack of control. For the Conservative party, which fashions itself as taking a tough stance on immigration—we have heard some of that in the debate—that is an embarrassing record. One need only look at the Rwanda scheme, which cost £700 million of taxpayers’ money and saw 84,000 people crossing the channel from the day it was announced to the day it was scrapped —some deterrent.

The challenge with the open-border policy of the previous Government was that it undermined the possibility of having a safe, just and effective asylum system. Many people who risk their lives crossing the channel do so because they are seeking asylum. It is proper that our country protects the rights of asylum seekers, but it is also true that some of those crossing the channel have no right to be here. That is why there has been a 10% increase in returns under this Government, and almost 3,000 foreign criminals have already been removed from Britain’s streets—a 24% increase on last year. Flights to Rwanda stayed on the ground; this Government are ensuring that flights to deport foreign criminals are taking off.

We can already see the effect on small boat arrivals under this Government. When we won the election in July, arrivals for 2024 were almost 6% ahead of the record year of 2022. In the second half of last year, we saw almost 10,000 fewer arrivals than in 2022, despite having more days when the weather was favourable for crossings.

The Bill will introduce landmark new measures so that we have the tools to fix the immigration system that the Tories have broken—and, yes, it will act to smash the gangs. There are measures to strengthen border security, strengthen the asylum and immigration system, prevent crime, and protect vulnerable asylum seekers whom the vile people smugglers would seek to exploit. That is the action that the Government are taking, and that is why I support the Bill.

21:22

[Jo White (Bassetlaw) (Lab)]

Some of us have run a real business. I had to drive trucks across the channel, and I still remember the Calais-to-Dover border crossings, with dogs sent in to sniff out human trafficking and groups of men at every service station on the road to Calais. My fear that my lorry might be hijacked by someone attempting to enter our country illegally very much reflected the confusion and anger expressed by my constituents in Bassetlaw. That is why they sent me to Parliament to be their loud voice, to monitor and to push for tough action to boost border security and to sort this problem out.

We now have a Border Security Commander in Martin Hewitt, who was appointed in the first days following the general election. His job is to bring back control of our borders, smash the gangs and stop the flow of illegal migrants. Under the previous Government, £700 million of taxpayers’ money was wasted on the failed Rwanda scheme, 84,000 crossed the channel in rubber dinghies, asylum decision making collapsed, and the cost of asylum hotels stacked up to £6 million a week.

With this Government, we are getting results: the highest number of returns since 2018, with close to 19,000 individuals having been flown out of our country; nearly 3,000 foreign criminals removed; deals around the world, including with Iraq, to break up those at the centre of the organised smuggling gangs; proper dialogue with our G7 partners as we start to work in step on this issue; agreement with the German authorities to arrest and imprison anyone caught facilitating the trafficking of illegal migrants; and, just last month, 828 raids on businesses, including the nail bars and car washes where people are brought to work in slave labour conditions. But we need power to take more action, and the Bill will enshrine the Border Security Command in law, enabling the co-ordination of law enforcement agencies with the sole focus of taking back control of our borders.

We must make the English channel a no-go area for the criminal gangs by effectively targeting them; disrupting their activities through the seizure of electronic devices, including mobile phones; restricting their activities by maximising the impact of serious crime prevention orders and giving law enforcement the power to monitor and intervene; and arresting and jailing them, with new offences that will mean that those selling or handling small boat parts for use in the channel face up to 14 years in prison. The Bill will make it a criminal offence to endanger life. My thoughts today are with those children too young to make a choice who were lost by drowning.

There can be no hiding places. Where lorry drivers are bringing people in, there will be a new 14-year jail term for vehicle concealment. My message to the Government is: crack on with the job, give us a running commentary of every success, publicise the return flights and the jailing of criminals, clear up the Conservatives’ mess, secure our borders, close down the use of hotels and stop the small boats.

21:26

[Alex Sobel (Leeds Central and Headingley) (Lab/Co-op)]

I thank the Home Secretary and the Minister for Border Security and Asylum for introducing the Bill, which undoes some of the harmful elements of the asylum system, including the measures introduced in the Illegal Migration Act and the Safety of Rwanda (Asylum and Immigration) Act. In particular, I welcome the measures to repeal child detention powers and Home Office accommodation powers over unaccompanied children.

From the Kindertransport to the many children we have welcomed into our homes from Ukraine, the Great British public really care about the welfare of children coming from war zones and fleeing persecution. We must be diligent to ensure that the Bill does not criminalise the wellbeing of children or lead to cruel measures against children fleeing persecution in their own countries. It is the people smugglers who are putting lives in danger, yet they are not the people who are trying to migrate here. Those migrating here are escaping persecution, and we must be mindful of that when we seek international and EU powers to criminalise those who are actually trafficking people.

Children are too often caught up in politics that leaves them cruelly treated, such as in 2023 when the right hon. Member for Newark (Robert Jenrick), as Immigration Minister, ordered that murals of Mickey Mouse and other cartoon characters designed to welcome child asylum seekers to a reception centre in Dover be painted over because they sent “too welcoming” a message. These are children fleeing war and persecution.

I want to draw the Minister’s attention to my concern about the new law enforcement elements of the Bill. The changes include new criminal offences of supplying or handling almost any item to be used in connection with illegal immigration, and of collecting information to be used for arranging an unauthorised journey to the UK. I will give an example. Some non-governmental organisations in border zones provide a play service to create space for refugee and asylum-seeking children to process trauma, develop key skills and make positive memories in hostile environments. That can be a lifeline for children at risk across continents. It helps mitigate some of the traumatic effects they experience and hopes to lessen the impacts of post-traumatic stress disorder.

If the new law enforcement powers criminalising the supply or handling of almost any item to be used in connection with illegal immigration do not include exemptions for toys or other items used for play, are we penalising children’s ability to play or enjoy a toy that brings them solace in the chaos of their fleeing journey? We must ensure that children and aid workers are not penalised under the Bill for supplying toys or items that bring solace to children.

[Dame Angela Eagle]

To reassure my hon. Friend, these items certainly will not include children’s toys, and nor will we be doing anything to introduce widespread powers that just apply to everybody. These are intelligence-led powers that will focus on those in the gangs doing the organising.

[Alex Sobel]

I thank the Minister for that reassurance. As the Bill progresses to Committee, it would be helpful if those items were listed among the relevant articles to give some solace to the NGOs, which have pointed out their concern to me. That would be an easy thing to add to the list already in the Bill.

To conclude, I welcome this significant step forward for children’s rights. I look forward to further strides during the Bill’s passage to find ways of bringing unaccompanied children and family reunion into the migration system once again.

21:30

[Mr Jonathan Brash (Hartlepool) (Lab)]

Britain has a long and proud tradition of providing asylum to those fleeing war and persecution, and that patriotic principle must always remain. However, we must be honest: too many people are arriving in our country with no legal right to be here, and they must be returned. Further still, they must be prevented from entering our country altogether. The numbers are too high; they must come down.

The alternative is unacceptable. Towns such as Hartlepool are targeted by private providers of asylum accommodation because of our lower housing costs. Those providers are profiting from this crisis and putting a burden on Hartlepool’s public services. Local schools, hospitals and social services are forced to absorb the consequences of a broken system—that is the reality that we face, and it must change. The Bill signals the Government’s intention to do just that. Instead of open borders, we will have a Border Security Command. Instead of a soft touch, we will have record deportations. Instead of expensive gimmicks, we will have far-reaching new powers that will put the boot of the state on the throat of the criminal gangs whose trade, let us not forget, is the trafficking of human beings. The Bill is about restoring control and taking decisive action to fix the system.

Hartlepool people are open, generous and welcoming. I have personally seen their fundamental decency on display in communities across our town, including at the Salaam Community Centre on Murray Street, where Nancy Pout and her amazing team took to the streets after last summer’s rights and, alongside volunteers and council workers, cleaned up the devastation left by mindless thugs. They symbolise fundamental Hartlepool values.

Those values include fairness, which is why I believe that transparency in these matters is essential. Home Office figures provided to me by the House of Commons Library show that, as of September 2024, Hartlepool is supporting 50 asylum seekers per 10,000 people. The neighbouring, larger local authority is hosting just seven per 10,000. There are local authorities up and down this county for which the figure is zero. That cannot be right. After 14 years of austerity for our public services, it must not be the most deprived areas of our country that carry the biggest burden.

When the break clauses in the asylum accommodation contracts come up in 2026, I urge Ministers to use them and spread the burden fairly as we fix the system and bring the numbers down. This is about taking back control of our asylum and immigration system, not through slogans and broken promises, but through real enforceable action. The people of Hartlepool, and communities across the UK, deserve nothing less.

21:33

[John Slinger (Rugby) (Lab)]

The Conservative party has a record of failure, and now it is failing to back our measures to put things right. On Rwanda, so much money was wasted to deport so few people, and with so little remorse. Imagine the howls that we would have heard if a civil servant or trade union had wasted just 1% of that sum. On the asylum backlog, the graph is like the NHS waiting list under the Conservatives: up and up it went to 166,261 by 2022—an elevenfold increase on the number that they inherited. That is what happens when those who do not believe in government are the Government.

While this Bill focuses more on asylum, the net migration figures also illustrate that the previous Government let things get out of control, with a 220% increase in net migration from 244,000 in 2010—then a record—to 782,000 in 2023. As with policing and defence, so it is with asylum and immigration: the previous Government failed, yet Conservative Members rail against us as we tackle the crisis that they bequeathed us. I do not want to rehearse the excellent policies set out by Ministers and by my Labour colleagues, so I will just gently ask right hon. and hon. Members on the Conservative Benches to put their hand on their heart and tell us that they are proud of their record. Do they think it is dignified for a great country such as ours to offshore our responsibilities to Rwanda, a country that they needed—with an Orwellian flourish—to define as safe? Hand on heart, do right hon. and hon. Conservative Members think that it is in the national interest to vote against the robust, practical and principled approach in this Bill?

It is a shame that the Conservative party continues to resort to false promises and populist language. We have heard that tonight, such as “surrender”, or the words of the hon. Member for Huntingdon (Ben Obese-Jecty), who spoke about the £49.18 per week that asylum seekers receive to pay for clothes and toiletries. These are human beings. I am sure that the hon. Member was not suggesting that a country such as ours should not be offering people the ability to clothe themselves.

[Ben Obese-Jecty]

I was not suggesting that people should not have the ability to clothe themselves; my point was that this is advertised on the Government website, and is a pull factor. What does this Bill do to address that pull factor?

[John Slinger]

I thank the hon. Member for his intervention. This Bill proposes numerous measures that will get tough on the evil criminal gangs that are bringing people here on those boats, and my hon. Friends on the Labour Benches have made that point very clearly.

With their hand on their heart, are right hon. and hon. Members on the Conservative Benches perhaps feeling ashamed of flirting with the idea of derogating from our international rights obligations? In time, I believe that the public will see that—led by a Prime Minister who has actually tackled criminal gangs—the Home Secretary and her team will leave behind the failure, gimmicks and populism of the past and replace them with effective action.

[Madam Deputy Speaker (Caroline Nokes)]

That brings us to the Front Benchers. I call Matt Vickers.

21:37

[Matt Vickers (Stockton West) (Con)]

Today’s remarks from Conservative Members have been clear—we understand the public’s frustration that more has not been done to reduce these numbers. They are too high, and they must be lowered. During the election campaign, Labour said that it wanted to smash the gangs, but since it took power, small boat crossings have risen by 28%. Before the election, we were closing hotels, yet now 6,000 more people are in hotels, and the number of people arriving in small boats and being removed is down. Conservative Members remain deeply concerned that this Bill and the Government’s approach would represent a backwards step. Rather than utilising every power available, they are focused on tweaking existing laws and stripping away powers that were previously put in place. That is not the approach that the UK needs; rather, we need legislation and a strategy that establishes powers to stop illegal migration for good.

I can already hear Labour Members criticising the last Government. We do not deny that numbers were far too high—quite the opposite—but it was the last Government who introduced a deterrent, one that was scrapped by the Labour party immediately upon taking office before it could even begin. The Leader of the Opposition has been abundantly clear that despite efforts made by the last Government, far more needed to be done to solve the problem.

The problem for the Government is that, despite their complaints about their predecessors, this legislation is unlikely to provide anything like a real solution. The immigration crisis is undoubtedly one of the biggest challenges we face as a country, and it requires bold action. If people believe that they can arrive here illegally and stay, they will continue to come in ever-increasing numbers. The cancelling of the deterrent was an act of national self-harm. The increase in small boat arrivals since the Labour party took office makes that clear for the whole House to see.

[Gareth Snell]

Will the hon. Gentleman give way?

[Matt Vickers]

I will give way to people who have been here throughout and have contributed to the debate.

Some of the changes in the Bill weaken rather than strengthen our ability to deal with the issue. Creating a route to British citizenship for those arriving here illegally—enticing more people to come—cannot be part of the solution. Weakening our ability to scientifically verify the age of those arriving, creating huge safeguarding risks in our education and care system, is also not part of the solution.

The National Crime Agency, and examples from Governments around the world, show that a deterrent must be in place, but this Bill does the opposite by removing the deterrent that is currently in law. It seems to stem from the misguided belief that arresting a small number of these heinous criminals will be enough to stop the crossings. Even though we would all like that to be the case, it is a vast oversimplification.

On deterrence to stop criminals, we all agree on the need to arrest the people behind these crimes, which is why, in 2023, there were 246 arrests of people smugglers and 86 arrests of small boat pilots—and I am still stunned that the Labour party opposed life sentences for people smugglers. We need measures that stop people boarding those boats in the first place, however, because failing to do so not only harms our country but fails those who endanger their lives by making that perilous journey.

Where legislation increases enforcement powers, enables further interventions and enhances data availability, we will welcome it. The experience of the enforcement authorities must be heard to ensure that they have the necessary powers. These sensible measures should not, however, be bundled into a Bill that simultaneously weakens the Secretary of State’s authority. The Home Secretary’s remarks failed to acknowledge the impact of the repeals. [Interruption.] She could have commenced them with the stroke of a pen. We must ask why this Bill repeals sensible provisions. It is stunning that the Government would prefer to weaken their powers rather than strengthen them.

Turning specifically to the repeals of previously passed legislation, I ask the Government what is wrong with the principle that if someone enters the UK illegally, they should never have a path to British citizenship. Why remove that provision? British citizenship is a special privilege, not something to be granted lightly. Those who enter our country illegally—breaking our laws—should not be offered a pathway to citizenship. Regularly granting citizenship to such individuals undermines the deterrent and sends the damaging message that breaking the law can lead to benefits. That harms the UK and endangers those who risk their lives to come here.

Additionally, the legislation repeals the Secretary of State’s ability to regulate consent for scientific age assessments where there are no reasonable grounds to withhold consent. That was a sensible step to prevent the abuse of the system. Some may argue that the provision is unnecessary, but between 2016 and September 2022, around 8,000 asylum cases involved age disputes. In about half, the individuals were assessed to be adults. Removing that power again weakens our legal infrastructure. We have also suggested significant but appropriate changes to indefinite leave to remain and citizenship. Why should the right to stay not be dependent on someone’s willingness to contribute and obey the law?

Last week, the Brussels correspondent for The Times reported that the European Union is drafting plans to overhaul the post-war refugee convention in what may be one of the most significant shifts in migration policy for decades. That is a clear signal of a growing consensus across the western world that the legal structures and institutions that restrict the Government from doing what is best for our country, and that have been obstructive, are no longer fit for purpose in tackling this significant issue.

While EU countries look to put together a deterrent scheme similar to the one cancelled by the Government, we must ask what the Government are trying to achieve with this legislation. Rather than implementing the significant changes being seriously discussed in Europe, or those that have been effective in Australia, they are opting for limited interventions. They are focused on tweaks to the system while simultaneously reducing their own powers in other aspects of the legal framework. That is not the decisive leadership that we need from the Government of the United Kingdom; it is a weak approach stemming from weak leadership, and for that reason I urge the House to vote for the reasoned amendment. It would be far better for the Government to go away, return swiftly with the necessary legal changes, and adopt an approach that genuinely deters people from coming to this country illegally.

I remind Members that despite pledges to smash the gangs, as of yesterday crossings were up by nearly 28%. That demonstrates that, as we warned the Government, their plan is not working, and the reality is that there are no easy fixes to this problem. There are significant challenges in addressing the issues arising from channel crossings, but we do not believe that the appropriate response is to dismantle legislation that provides the Government with powers they could use for the benefit of the country. That would be capitulation, and a charter for illegal immigration. I say to the Government: bring forward a Bill that enhances the ability of enforcement agencies, rather than one that strips them of their powers. We need a solution that takes the transformative steps to reduce illegal migration significantly, and action that secures our country’s borders and stops these life-threatening crossings. It is wrong to tell the world that if someone comes here illegally they can become a British citizen. I urge Members to back the reasoned amendment.

21:46

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

There was one iota of reality and truth in the middle of that farrago of rubbish that we have just heard from the Conservative party, and I will quote it because I pricked up my ears. The hon. Member for Stockton West (Matt Vickers) said that there are “no easy solutions” to this problem. You could have fooled me, Madam Deputy Speaker! Conservative Members spent most of their last few years in office telling us that there were easy solutions and passing legislation that was so unusable and useless that they never commenced it, yet they now complain about our taking it off the statue book.

Conservative Members need to explain to the people of this country why they do not want counter-terrorism-style powers to deal with organised immigration, and why they are voting against sensible extensions of powers, which have been asked for by the National Crime Agency, our Border Security Commander and the police, to help deal with this challenge on our borders. Why are they against the Bill? Almost all of them are still trying to claim that somehow their fantasy of the Rwanda scheme actually was a deterrent, when we know that it did not work—[Interruption.] The shadow Home Secretary can chunter all he likes, but 84,000 people crossed the channel in small boats when the Rwanda scheme was in operation and on the statute book. Conservative Members started off by saying that all they had to do was talk about the Rwanda scheme and it would be a deterrent. Then it was, “Once we’ve put it on the statue book it will be a deterrent”, and now all of a sudden it is, “Oh well, it never worked because not a plane took off.”

[Gregory Stafford]

Will the Minister give way?

[Dame Angela Eagle]

No. If they were so convinced that the Rwanda scheme was going to work, why did they hold a general election a week before the first plane was due to take off?

This crucial Bill will give law enforcement new powers to combat threats to border security and evolve our response as those threats change. Before I respond, in a slightly quieter way I hope, to some of the many excellent speeches we have heard today, I remind the House of the dire legacy left to us by the Conservatives. They left a system in chaos, where asylum claims were hardly being processed. It takes some brass neck for the shadow Home Secretary to complain that the number has gone up. It has gone up because we started to process decisions, which they had stopped. [Interruption.] Yes, it has gone up because we are processing decisions. We have a system where they did not do any processing for a year, then they wonder why there are a load of people in a backlog. We had to come into government and clean up the mess. Asylum claims were hardly being processed, and we are now processing 11,000 a month. The Conservatives were down to below 2,000 a month.

Tens of thousands of people were left in limbo. Tens of thousands more were crossing the channel in small boats because they were not deterred by the Rwanda scheme. Some 84,000 people crossed while the Rwanda scheme was being pursued. The Conservatives pursued expensive and unworkable gimmicks, spending £700 million to send four volunteers to Rwanda. They allowed ruthless gangsters to operate with impunity and make a fortune exploiting desperate people. They put legislation on the statute book that was so unworkable, even they did not commence it, and now they are complaining about our having to repeal it. I like a tidy statute book; we are not going to leave the rubbish that the Conservatives put on the statute book to clutter it up.

It is time to shift the dial. That is why this Bill puts the Border Security Command on a legal footing, offering system leadership and co-ordination across borders. The Bill introduces counter-terror-style powers to disrupt and prevent organised immigration crime and the gangs from profiting from the exploitation and misery that they cause. It takes the fight to the gangs on multiple fronts, using every possible tool at our disposal.

[Mr Cleverly]

To give the Minister a breather and for the education of the House, can she refer to the particular clauses in the Bill that give the Border Security Command any ability whatever to dictate the activity of other bits of Government to that end?

[Dame Angela Eagle]

The Border Security Command co-ordinates and leads across Government; the right hon. Gentleman will want to serve on the Committee so that we can discuss this in detail. [Interruption.] I can tell the right hon. Gentleman—[Interruption.] I can tell him that the Border Security Commander is already leading across Government and making a real difference in operational co-ordination, which this Bill will put on the statute book. [Interruption.]

[Madam Deputy Speaker (Caroline Nokes)]

Order. Mr Cleverly, we have heard you shout enough times. The Minister will respond.

[Dame Angela Eagle]

We are not doing line-by-line; those on the Opposition Front Bench need to know that that happens in Committee. I have just invited the right hon. Gentleman to sit on the Committee. If he looks, he will see that the first part of the Bill deals entirely with the Border Security Commander and putting his powers on the statute book, and it makes clear that he is a systems leader who can co-ordinate properly across Government. The proof of the pudding will be in the eating.

[Mr Cleverly]

Is it clause 3(6) in part 1 of the Bill that lists the agencies that the Border Security Commander does not have authority over? If I know the Minister’s Bill better than she does, she should consider her position.

[Dame Angela Eagle]

I am too busy cleaning up the right hon. Gentleman’s mess to consider my position.

While we have been drafting the Bill, we have been busy in other places. As we know, there are no quick and easy answers to this complex problem; we finally heard that from the shadow Minister. We have therefore struck groundbreaking new agreements with key international partners, ranging from the Calais group to Italy and Germany. The Home Secretary has been to Iraq to do some important work on dealing with the gangs. [Hon. Members: “Private jets!”] Well, at least she has not taken a private jet to Rwanda. We all know that only four volunteers ever went there at huge cost, but two Home Secretaries went too. Certainly more Conservative Home Secretaries managed to go to Rwanda than asylum seekers ever did.

We are dealing with international co-operation because it is right both for returns and for co-ordination to smash international smuggling gangs and organised immigration crime that we work co-operatively with our colleagues, not only in Europe but further afield. We have also concentrated on actually enforcing the law, and illegal working visits and arrests are up 38% since we came into government. We have ramped up returns. The latest figures show that 18,987 people with no right to be here have been deported since we came into government. There is no point in having an asylum system if we do not return those people who are found to have no right to be here.

[Gregory Stafford]

I am sure that the Minister is about to get to this, so I apologise for intervening, but as I raised in my speech, we want to be very clear about how she will measure success based on the Bill. By what metric, and by when, will we be able to judge whether the Government’s policy has worked?

[The Parliamentary Under-Secretary of State for the Home Department (Jess Phillips)]

There will be more than four.

[Dame Angela Eagle]

Yes, it is certainly true that we promise to get more than four volunteers out of the country.

The Bill is not about posturing or pretending that there are easy answers to complex questions. The Bill is not about expensive gimmicks and an abject failure to deliver. The Bill is about restoring order to the chaos that we inherited from the Conservative party. It is about giving our law enforcement authorities the counter-terror-style powers that they need to dismantle the organised criminal gangs who are exploiting desperate people. It is about enforcing the law and securing our borders, and I commend it to the House.

Question put, That the amendment be made.

21:58

Division 97

Ayes: 115

Noes: 354

Question put forthwith (Standing Order No. 62(2)), That the Bill be now read a Second time.

22:12

Division 98

Ayes: 333

Noes: 109

Bill read a Second time.

Border Security, Asylum and Immigration Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Border Security, Asylum and Immigration Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 20 March 2025.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Keir Mather.)

Question agreed to.

Border Security, Asylum and Immigration Bill (Money)

King’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Border Security, Asylum and Immigration Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(1) any expenditure incurred under or by virtue of the Act by a Minister of the Crown, a person holding office under His Majesty or by a government department; and

(2) any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Keir Mather.)

Question agreed to.