Fifth Delegated Legislation Committee
Wednesday 28th October 2026
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16:30
16:30
Speaker 2
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Speaker 2
I call the minister to move the motion. Thank you very much, Mrs. Hobhouse. And it's a pleasure to serve under your chairmanship today. And I beg to move that this committee has considered the draft Border Security Asylum and Immigration Act 2025 brackets specified purposes relating to Policing Closed Brackets Regulations 2026. I'll first set out to our honourable members what this instrument will do in broad terms before turning to the why. These draft regulations are made under section 36, subsection eight of the Border Security Asylum and Immigration Act 2025. And they specify the meaning of quotes purposes related to policing.
They enable the Secretary of State for transport. In practice, the driver, Vehicle Driver and Vehicle Licensing agency, the DVLA, acting on her behalf to share trailer registration information with the police for use for these. For those policing purposes where the act permits. The regulations also enable the onward disclosure of trailer registration information by police and recipients to a person exercising public functions for use in connection with the same policing purposes. In short, the instrument gives full effect to the information sharing framework established by Parliament, enabling trailer registration information to be shared and used for the full range of specified policing purposes.
Let me now turn to the wider context in which these regulations sit. The overarching aim underpinning them is to strengthen the use of data in support of policing and border security. In 2018, Parliament enacted the Haulage Permits and Trailer Registration Act 2018, establishing the Trailer Registration Scheme administered by the DVLA on behalf of the Secretary of State for transport. For the avoidance of doubt, the Trailer Registration Scheme does not collect biometric information. Members will recall the tragic deaths of 39 Vietnamese nationals who were found in a lorry in Essex in October 2019. They were subsequently resulting challenges for the police and how they were able to respond, as there were obstacles to identifying who the trailer belonged to.
So subsequently, the Border Security Asylum and Immigration Act 2025 created an information sharing gateway for trailer registration information to be supplied to specified law enforcement bodies. The act allows the DVLA to supply trailer registration information to the police for specified purposes related to policing and for its onward disclosure by the police and the Home Office for the same purposes. However, Parliament also required the meaning of purposes related to policing to be set out in regulations subject to the affirmative procedure. It is that requirement that has brought this instrument before the committee today. Before I get into the specifics, I want to make two important points.
First, without these regulations, the relevant provisions I've referred to would not be fully operable. And secondly, in practice, police use of trailer registration information would remain confined to law enforcement and national security purposes. So let me now turn to the detail. These regulations define purposes relating to policing by reference to well established policing functions. They specify that the purposes include firstly protecting life and property. Secondly, preserving order. Thirdly, preventing the commission of offences. Fourth, bringing offenders to justice and any other police duty or responsibility arising from common or statute law. This means trailer registration information can be used where it's operationally necessary, ensuring the DVLA can give forces timely access when they need it to carry out their vital functions.
That might, for instance, be in a safeguarding context. Other potential uses include roads policing, the response to serious incidents as well as criminal investigations. I should also clarify what these regulations do not do. They do not create new powers. They do not expand the categories of information that may be shared. They simply define the scope within which existing statutory powers may be exercised. Clearly, the sharing and use of information must be supported by appropriate safeguards. I would therefore say to the committee that these regulations are limited and proportionate. They do not impose new duties on the police or the Home Office.
They do not alter the wider legal framework in which they sit. Existing protections continue to apply, including under the Data Protection Act 2018, Human Rights Act 1998 and relevant public law principles. The Information Commissioner's Office has been consulted and has raised no concerns in respect of this legislative change. Taken together, these safeguards are there to ensure lawful and proportionate use of trailer registration information in accordance with sections 369 of the act, the Home Office consulted the Scottish Ministers, Department of Justice in Northern Ireland and policing bodies across the UK. Responses indicated broad agreement that the proposed definition reflects core policing functions where consultees suggested refinements.
The government concluded that these matters were already encompassed within the proposed definition, and that the approach aligns with established policing codes of practice and information handling frameworks in Scotland. The Scottish Policing Principles will continue to apply and did not need to be separately referenced on the face of these regulations. These regulations will apply across the UK and are expected to be implemented through existing operational and IT processes, without the need for new systems or additional funding. To conclude, Mrs. Hobhouse, this instrument is necessary to give full effect to the trailer registration information sharing provisions in the Border Security, Asylum and Immigration Act 2025.
The regulations are designed to bring clarity and consistency to processes which, subject to appropriate safeguards, will support the police and the Home Office in their vital work. I therefore commend them to the Committee.
They enable the Secretary of State for transport. In practice, the driver, Vehicle Driver and Vehicle Licensing agency, the DVLA, acting on her behalf to share trailer registration information with the police for use for these. For those policing purposes where the act permits. The regulations also enable the onward disclosure of trailer registration information by police and recipients to a person exercising public functions for use in connection with the same policing purposes. In short, the instrument gives full effect to the information sharing framework established by Parliament, enabling trailer registration information to be shared and used for the full range of specified policing purposes.
Let me now turn to the wider context in which these regulations sit. The overarching aim underpinning them is to strengthen the use of data in support of policing and border security. In 2018, Parliament enacted the Haulage Permits and Trailer Registration Act 2018, establishing the Trailer Registration Scheme administered by the DVLA on behalf of the Secretary of State for transport. For the avoidance of doubt, the Trailer Registration Scheme does not collect biometric information. Members will recall the tragic deaths of 39 Vietnamese nationals who were found in a lorry in Essex in October 2019. They were subsequently resulting challenges for the police and how they were able to respond, as there were obstacles to identifying who the trailer belonged to.
So subsequently, the Border Security Asylum and Immigration Act 2025 created an information sharing gateway for trailer registration information to be supplied to specified law enforcement bodies. The act allows the DVLA to supply trailer registration information to the police for specified purposes related to policing and for its onward disclosure by the police and the Home Office for the same purposes. However, Parliament also required the meaning of purposes related to policing to be set out in regulations subject to the affirmative procedure. It is that requirement that has brought this instrument before the committee today. Before I get into the specifics, I want to make two important points.
First, without these regulations, the relevant provisions I've referred to would not be fully operable. And secondly, in practice, police use of trailer registration information would remain confined to law enforcement and national security purposes. So let me now turn to the detail. These regulations define purposes relating to policing by reference to well established policing functions. They specify that the purposes include firstly protecting life and property. Secondly, preserving order. Thirdly, preventing the commission of offences. Fourth, bringing offenders to justice and any other police duty or responsibility arising from common or statute law. This means trailer registration information can be used where it's operationally necessary, ensuring the DVLA can give forces timely access when they need it to carry out their vital functions.
That might, for instance, be in a safeguarding context. Other potential uses include roads policing, the response to serious incidents as well as criminal investigations. I should also clarify what these regulations do not do. They do not create new powers. They do not expand the categories of information that may be shared. They simply define the scope within which existing statutory powers may be exercised. Clearly, the sharing and use of information must be supported by appropriate safeguards. I would therefore say to the committee that these regulations are limited and proportionate. They do not impose new duties on the police or the Home Office.
They do not alter the wider legal framework in which they sit. Existing protections continue to apply, including under the Data Protection Act 2018, Human Rights Act 1998 and relevant public law principles. The Information Commissioner's Office has been consulted and has raised no concerns in respect of this legislative change. Taken together, these safeguards are there to ensure lawful and proportionate use of trailer registration information in accordance with sections 369 of the act, the Home Office consulted the Scottish Ministers, Department of Justice in Northern Ireland and policing bodies across the UK. Responses indicated broad agreement that the proposed definition reflects core policing functions where consultees suggested refinements.
The government concluded that these matters were already encompassed within the proposed definition, and that the approach aligns with established policing codes of practice and information handling frameworks in Scotland. The Scottish Policing Principles will continue to apply and did not need to be separately referenced on the face of these regulations. These regulations will apply across the UK and are expected to be implemented through existing operational and IT processes, without the need for new systems or additional funding. To conclude, Mrs. Hobhouse, this instrument is necessary to give full effect to the trailer registration information sharing provisions in the Border Security, Asylum and Immigration Act 2025.
The regulations are designed to bring clarity and consistency to processes which, subject to appropriate safeguards, will support the police and the Home Office in their vital work. I therefore commend them to the Committee.
16:35
16:35
Speaker 4
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Speaker 4
Thank you, Mr. Hobhouse. It's a pleasure to serve under your chairmanship. And can I thank the Minister for those detailed opening remarks. The protection and enforcement of our laws protecting our borders must be an absolute priority for government. Whether individuals are coming across the channel in small boats or concealed in trailers, we must do all that we can to prevent and deter these dangerous journeys. Unfortunately, the tragic consequences of people smuggling in trailers are all too clear. It is right that the people who previously committed these crimes are now in prison. But that should not prevent us from remaining vigilant and taking steps to stop such tragedies from happening again.
During the committee stage of the Border security, Asylum and Immigration bill, the government received our support for the clauses that underpin this regulation. Therefore, the government will continue to receive our support for them today. The specified purposes related to policing that are set out in the legislation are very sensible and will rightly enable the lawful sharing of trailer registration information held by the DVLA , with policing bodies allowing the police and the Home Office to share that information. Where it is used for the same purposes is also an entirely appropriate measure. I hope that the government will utilise these powers effectively to identify and arrest anyone who is responsible for bringing individuals illegally into our country.
Given the time available to scrutinise the government's approach to the border security and the ongoing Immigration and Asylum Bill, which the minister are enjoying session after session, I will not belabor the broader issues with this with this approach. However, I do hope that the government will acknowledge that if we are to stop illegal migration, which should be the overall aim, we must not only seek to smash the gangs as this legislation aims to do, but also deter all forms of illegal entry. Illegal entry to the UK is both incredibly dangerous and damaging to the British population, and we owe it to both parties to remove the incentives that encourage illegal migration, to overcome the failures that we've seen in tackling illegal migration.
Measures like these need to be accompanied by a message that anyone who comes to the UK illegally will not be allowed to remain in this country. I fear that without such changes, this well-meaning legislation, while an improvement, will prove unable to address the much broader problems. Thank you, Mr. Hobhouse.
During the committee stage of the Border security, Asylum and Immigration bill, the government received our support for the clauses that underpin this regulation. Therefore, the government will continue to receive our support for them today. The specified purposes related to policing that are set out in the legislation are very sensible and will rightly enable the lawful sharing of trailer registration information held by the DVLA , with policing bodies allowing the police and the Home Office to share that information. Where it is used for the same purposes is also an entirely appropriate measure. I hope that the government will utilise these powers effectively to identify and arrest anyone who is responsible for bringing individuals illegally into our country.
Given the time available to scrutinise the government's approach to the border security and the ongoing Immigration and Asylum Bill, which the minister are enjoying session after session, I will not belabor the broader issues with this with this approach. However, I do hope that the government will acknowledge that if we are to stop illegal migration, which should be the overall aim, we must not only seek to smash the gangs as this legislation aims to do, but also deter all forms of illegal entry. Illegal entry to the UK is both incredibly dangerous and damaging to the British population, and we owe it to both parties to remove the incentives that encourage illegal migration, to overcome the failures that we've seen in tackling illegal migration.
Measures like these need to be accompanied by a message that anyone who comes to the UK illegally will not be allowed to remain in this country. I fear that without such changes, this well-meaning legislation, while an improvement, will prove unable to address the much broader problems. Thank you, Mr. Hobhouse.
16:37
16:37
Speaker 2
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Speaker 2
It's a pleasure to serve under your chairmanship for the first time, I believe. And just a message to the whips. If you put the chair of the select committee on a DL, you may find it takes slightly longer than you're expecting, but it's fine. I've got to. I'm fine for now. I just have a. But maybe you might want to think about that. I just had a few points that I wanted to put to the minister as I have the opportunity. So the first question is, will this be used purely for immigration offences? Because I was very struck when I joined the policing operation for Notting Hill Notting Hill Carnival that the Metropolitan Police invited me to, that the facial recognition technology that was being deployed at the carnival was actually the majority of offenders that were picked up through that were actually offenders wanted for sexual and domestic abuse offences.
And I thought that was a very good way that actually people who are attracted to an event where there may be people who are scantily clad and therefore might attract those who are more inclined towards. And I'm saying this because this is genuinely I can see the looks of shock, but this was what the point that the police were making. To me, this isn't an occasion at Notting Hill , where there are people who want to go purely to try to have the opportunity to offend and sexually abuse the people who are taking part in the carnival absolutely wrongly.
But the the the facial recognition technology was picking up the sexual offenders, not drug offences so much and other things which we might think when thinking about Notting Hill Carnival. But actually so. So I fear that this this is a piece of legislation that could be used in wider than just immigration enforcement for violence against women and girls for other offences. And I hope that the minister will be able to confirm it will be used for that. I'm also curious to know whether, when it talks about policing, that would include immigration enforcement, because, again, I'm very struck that the from the work we've done on the committee, that a number of people who have arrived and have claimed asylum and are do not have the right to work, do continue to work, and immigration enforcement should be able to therefore, share information around trailers and other vehicles.
If people who are here without the right to work are trying to work so that we can actually try and stop that and make sure that that incentive is removed. And my final point is around it's a wider point. I wonder whether the the government is looking at extending the registration scheme to boat engines, particularly maybe on a Europe wide scheme, because actually, if we had a Europe wide register of boat engines, some of those boats that are trying to leave northern France, Belgium and other places, it might enable more traceability for law enforcement across the continent.
So I just wonder whether there may be a scope to further this.
And I thought that was a very good way that actually people who are attracted to an event where there may be people who are scantily clad and therefore might attract those who are more inclined towards. And I'm saying this because this is genuinely I can see the looks of shock, but this was what the point that the police were making. To me, this isn't an occasion at Notting Hill , where there are people who want to go purely to try to have the opportunity to offend and sexually abuse the people who are taking part in the carnival absolutely wrongly.
But the the the facial recognition technology was picking up the sexual offenders, not drug offences so much and other things which we might think when thinking about Notting Hill Carnival. But actually so. So I fear that this this is a piece of legislation that could be used in wider than just immigration enforcement for violence against women and girls for other offences. And I hope that the minister will be able to confirm it will be used for that. I'm also curious to know whether, when it talks about policing, that would include immigration enforcement, because, again, I'm very struck that the from the work we've done on the committee, that a number of people who have arrived and have claimed asylum and are do not have the right to work, do continue to work, and immigration enforcement should be able to therefore, share information around trailers and other vehicles.
If people who are here without the right to work are trying to work so that we can actually try and stop that and make sure that that incentive is removed. And my final point is around it's a wider point. I wonder whether the the government is looking at extending the registration scheme to boat engines, particularly maybe on a Europe wide scheme, because actually, if we had a Europe wide register of boat engines, some of those boats that are trying to leave northern France, Belgium and other places, it might enable more traceability for law enforcement across the continent.
So I just wonder whether there may be a scope to further this.
16:40
16:41
Speaker 2
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Speaker 2
Thank you very much. And I'd like to thank all members for their really thoughtful consideration of this amendment, and I really do welcome them. That's absolutely why we're here. And I think I'd like to start just by mentioning some of the broader context, which I hope also addresses some of the issues that the Honourable lady from Staffordshire Moorlands raised, because these are in the context of our broader work to strengthen border security, tackle, tackle organised crime, which we take extremely seriously. And I'm grateful to colleagues opposite for their engagement through the committee bill process for the nationality , sorry, the immigration and asylum bill, we are looking through the Border Security Command to target the whole criminal model.
As the honourable lady says, from smugglers to the supply boats, engines, international routes that are used, criminal finance, online advertising. We know that by the time you get to the beaches of France, it's almost too late. We are working throughout the whole process to try and address the the causes, the supply chains and the organised crime behind this international cooperation is central to that effort, and we're strengthening coordination, coordination with France and other European partners whilst disrupting organised criminal networks, equipment and facilitators further upstream. That combined efforts to reassure the honourable gentleman opposite, as he knows, is producing results.
Small boat arrivals down by over 40%. More than 6500 organised immigration crime disruptions and over 80,000 removals. But these gangs are highly adaptable. They change launch locations, vessels, supply routes and operating methods when pressure is applied, and we're therefore ensuring the system can identify those changes quickly, assign responsibility and respond when new methods become established, the. I can confirm in terms of the specific question the honourable lady asked, that it will apply to all relevant policing purposes, and that includes immigration enforcement operations and it. Yeah, it will also include the issue she mentioned about sexual offending and other policing uses.
It is far broader than purely immigration purposes. It's to to support the police in having access to trailer information that by some anomaly, basically they haven't historically had access to. So I'm very grateful to colleagues for their thoughtful and constructive questions and points and for their support for these regulations. I believe they're proportionate and focused. They do not introduce new powers to collect information, nor do they create new policing functions for what they do do is provide clarity and consistency, ensuring that trailer registration information can be used in support of legitimate policing activity, subject to the safeguards and protections that Parliament has already put in place.
So I commend the instrument to the committee once more, and I beg to move.
As the honourable lady says, from smugglers to the supply boats, engines, international routes that are used, criminal finance, online advertising. We know that by the time you get to the beaches of France, it's almost too late. We are working throughout the whole process to try and address the the causes, the supply chains and the organised crime behind this international cooperation is central to that effort, and we're strengthening coordination, coordination with France and other European partners whilst disrupting organised criminal networks, equipment and facilitators further upstream. That combined efforts to reassure the honourable gentleman opposite, as he knows, is producing results.
Small boat arrivals down by over 40%. More than 6500 organised immigration crime disruptions and over 80,000 removals. But these gangs are highly adaptable. They change launch locations, vessels, supply routes and operating methods when pressure is applied, and we're therefore ensuring the system can identify those changes quickly, assign responsibility and respond when new methods become established, the. I can confirm in terms of the specific question the honourable lady asked, that it will apply to all relevant policing purposes, and that includes immigration enforcement operations and it. Yeah, it will also include the issue she mentioned about sexual offending and other policing uses.
It is far broader than purely immigration purposes. It's to to support the police in having access to trailer information that by some anomaly, basically they haven't historically had access to. So I'm very grateful to colleagues for their thoughtful and constructive questions and points and for their support for these regulations. I believe they're proportionate and focused. They do not introduce new powers to collect information, nor do they create new policing functions for what they do do is provide clarity and consistency, ensuring that trailer registration information can be used in support of legitimate policing activity, subject to the safeguards and protections that Parliament has already put in place.
So I commend the instrument to the committee once more, and I beg to move.