Border Security, Asylum and Immigration Bill

Debate between Lord Davies of Gower and Baroness Hamwee

Committee stage
Thursday 26th June 2025 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, it is a pleasure to open this first day of Committee. I will speak also to my Amendments 2, 26 and 27 in this first group. At Second Reading, a number of noble Lords raised the issue that the commander will essentially be a civil servant with co-ordination functions: a commander with nothing to command. I have tabled these amendments and a number of others to seek to rectify the situation and probe the Government’s full intentions for the new role.

Amendment 1 seeks to replace the words

“designate a civil servant as the”

with “appoint a”, thereby specifying that the commander does not have to be a civil servant. Nothing here serves as a critique of the current border security commander, Martin Hewitt, coming as he does from a law enforcement background; rather, it is a critique of the Government’s limited ambition for this new role.

That is not just my view but that of Tony Smith, the former director-general of UK Border Force. He said in evidence to the Public Bill Committee in the other place that

“the first thing that struck me is that the Border Security Commander will be another civil servant. I think it will be a director general post in the Home Office. I was a director general, and we already have quite a lot of them. I am not sure he will actually be able to command anything. He is probably going to be more of a co-ordinator”.—[Official Report, Commons, Border Security, Asylum and Immigration Bill Committee, 27/2/25; col. 40.]

Those were the words of the person whose job it was to lead the agency that polices our borders. As he stated, there are already enough civil servants co-ordinating activities within the Home Office. The Small Boats Operational Command already exists, so can the Minister tell the House how it will work with the commander? How will their roles differ, and what degree of interoperability will exist?

As Tony Smith made very clear to the committee in the other place, if the Government wish to achieve their stated goals, Border Security Command needs to have expanded powers, for example to arrest and detain in the same manner as Border Force, the NCA and Immigration Enforcement. If the powers of the commander and his team remain as they are instituted in this Bill, they will be essentially toothless in their ability to tackle illegal migration. This is a role that, by the Government’s own admission, is meant to help secure our borders, disrupt criminal networks and co-ordinate multiple agencies in the face of complex cross-border threats. Surely, we can all agree that this is not a job for a generalist administrator or a nameless Whitehall official; it demands specialist knowledge, strategic leadership and operational credibility.

Amendments 26 and 27 are essentially consequential. They amend Clause 7, which relates to delegation of the commander’s functions, and Clause 8, which permits the designation of an interim commander. Just as I am concerned by the first clause, I am potentially even more concerned about the possibility of delegation. This commander might be well qualified for the task, but who will he delegate to? As the Bill stands, this will be a civil servant. We must ask whether this is appropriate for the task at hand. My amendment would ensure that only a person of appropriate rank—a similar rank to the commander—would be able to undertake any of the functions bestowed on the commander under the Bill. These amendments would therefore introduce a vital safeguard: that the commander may appoint only a person of appropriate rank and qualifications to fulfil delegated functions, not just anyone who happens to be on the departmental payroll. They would help ensure that we do not fall into the trap of creating yet another abstract, symbolic post—another title without substance, which I am afraid is what the Bill proposes.

I had the pleasure of meeting and spending an evening with the honourable Scott Morrison a few weeks ago. He explained that, when Australia began Operation Sovereign Borders, it instituted a structure that, on the surface at least, appears somewhat similar to this Government’s Border Security Command. Its job was to co-ordinate and lead the 16 agencies that had border security functions. However, there are two crucial differences: first, the Australian system came with far more robust powers than are in this Government’s plan; and, secondly—this is the crucial difference—the Australians appointed a senior military commander, Deputy Chief of Army Major General Angus Campbell, to lead their border security efforts.

This leads on to my Amendment 2, a probing amendment which seeks to gauge the type of background that the Government think most appropriate for the role of commander. I have specified that the commander should be only a former or current officer of the National Police Chiefs’ Council—meaning assistant chief constable or above—commander or above in the Metropolitan Police, a senior officer in Border Force or Immigration Enforcement or a senior military officer of at least brigadier-general, commodore or air commodore rank in the Royal Air Force. This amendment would therefore specify that the commander should be a senior police, immigration or military officer, which I believe would put the office on a stronger footing.

If we are serious about this role having teeth and want it to be a powerful, directive position that can genuinely drive change, then the least we can do is to require that the person filling it has the experience to do so effectively. We cannot afford to build this office on vague criteria and wishful thinking. The public deserve confidence that this position is not just another bureaucratic appointment but one that is fit for purpose from day one. I urge the Committee to support this, and I beg to move.

[Baroness Hamwee (LD)]

My Lords, I should explain that I have not usurped the position of my noble friend Lord German, who is in Strasbourg at the Council of Europe. I hope that noble Lords will forgive me for not being physically on the Front Bench; from this position, I can be propped up.

Although Martin Hewitt has, as the noble Lord, said, a law enforcement and—I believe—Army background, I do not think it is necessary for the commander to have “rank”, to use the term in his Amendment 26. If the border command and the commander prove effective—in other words, if the institution lasts—I hope that the Secretary of State would be imaginative enough to think outside the box of people to whom the rank might be applied and consider those who might usefully carry on the function.

I do not want to speak too long at this point, but the noble Lord picked up the issue of delegation. It struck me—I understand it is not possible to amendment it—that the heading to Clause 7 really does not describe what is in the clause. The clause is right; it spells out where responsibility lies—that is not delegation. The responsibility remains with the commander, and I think that is correct. I do not know whether anyone can pick that up somewhere behind the scenes, at a later point.

--- Later in debate ---

[Baroness Hamwee (LD)]

My Lords, I confess to being irredeemably urban—or perhaps suburban—but “The Archers” does have a function in reminding us about pig breeding and the sizes of litters. Listening to noble Lords’ comments has made me think of a number of related issues. I think it is found in a number of parts of life that people who commit one type of crime often commit another type of crime as well. We are well aware of the flexibility, if that is the right term, of the smuggling gangs. It is entirely possible that there is some sort of read across, or at least something that we should be being flagged about.

This also made me think about health, because I believe that somebody came back from Morocco with rabies very recently. It particularly made me think about the competition for facilities at ports, certainly at Dover and, I dare say, at others as well. When I was a member of the Justice and Home Affairs Committee, it was made quite clear, particularly by the Port of Dover, that the issue of space to undertake immigration controls was a really big issue.

The answer may be for these relationships to be governed by other authorities falling within the category of partner authorities. However, as well as the points that previous speakers have made very powerfully, there are relationships that need to be thought about very carefully, and the competition for resources of all sorts which are raised by these arrangements.

We have Amendment 19 in this group, which probes whether cybersecurity is an element of border security; it is clearly an element of security. GCHQ is not a partner authority in the Bill, so it is not within the functions of Clause 3, nor is there a general duty to co-operate as applies under Clause 5—there are to be special arrangements. I do not have a solution to this, but it is a genuine question about where cybersecurity falls within the responsibilities and how the border commander is to take account of cybersecurity.

[Lord Davies of Gower (Con)]

My Lords, my Amendment 18 seeks to introduce another criterion to the definition of what constitutes a threat to border security. We believe it addresses a crucial and glaringly absent dimension from the definition of threats to border security—harm to the economic interests of the United Kingdom.

As drafted, the clause defines relevant threats as those involving criminality, risk of offence, or harm to persons or property. All that is right and necessary, but to leave out the economic dimension is to ignore one of the most significant consequences of border insecurity in the modern age. Illegal entry, organised immigration crime and abuse of our immigration system come at a cost, not just to public safety or border integrity but of real and measurable economic harm. This includes the burden placed on housing, healthcare and social services, and extends to the impact on wages, labour market distortions, the exploitation of workers and loss of public confidence in our immigration system.

These are some of the effects of illegal immigration which people across this country feel most keenly. We must ensure that we reflect this in our assessment of the threat which illegal immigration poses to us. If individuals are entering the UK unlawfully in ways that undermine legal labour markets, displace lawful employment or distort local economies through illicit practices, surely that is a matter of national interest. Surely that is as much of a threat to border security as any physical or legal risk. If our legal framework cannot even acknowledge that reality, how can it ever be expected to address it? This amendment would ensure that this important consideration is included in the Bill, in recognition of economic harm being one of the most serious effects of this issue.

I take this opportunity to speak to some of the other amendments in this group. Amendments 6 and 14, tabled by the noble Lord, Lord Rooker, address an important and often overlooked issue. Illegal meat imports present a genuine risk to our agricultural sector, as we have heard, and affect our food supply chains and public health. The potential introduction of diseases such as African swine fever or foot and mouth through contaminated meat would be catastrophic, economically and environmentally. Biosecurity is a key part of our national security. The Government need to take action to ensure that this threat is addressed.

The amendment in the name of the noble Baroness, Lady Hamwee, raises a matter that I hope the Government will clear up in their response. Cybersecurity is an important responsibility of the Government. I am not quite sure how it relates to border security and asylum, but this is none the less a probing amendment that I hope that the Government respond to. I share the noble Baroness’s concerns about cybersecurity. We have seen a number of high-profile and extremely damaging cyberattacks in recent months. Ministers will be aware of the urgent need to tackle this. The noble Baroness is right to raise this issue. I look forward to hearing the Minister’s reply.

Asylum Support (Prescribed Period) Bill [HL]

Debate between Lord Davies of Gower and Baroness Hamwee

Committee stage
Friday 13th June 2025 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, we were told, I think, that the pilot will be until June, which gives a few more days. I agree with the noble Baroness, Lady Lister, that, in parliamentary terms, “shortly” is a rather expansive term.

I will ask the Minister about the evaluation. He will obviously not be able to tell me about any of its outcomes, but I hope that it will be a relatively speedy process. In preparing for today, I saw a request somewhere that organisations working in the sector to support refugees should be included in any consultation—and there should be consultation on what the evaluation shows, how the proposal can be taken forward and whether any tweaks should be made. I do not expect the Minister to respond to that today—he will not be in a position to do so—but I add my voice to that request, which seems to be, to quote, “entirely humane and practical”.

[Lord Davies of Gower (Con)]

My Lords, I will speak to the amendments that the noble Baroness, Lady Lister of Burtersett, has tabled to her Bill.

I will address my remarks primarily to her Amendment 1. While the intention behind the amendment may be to ensure a smoother transition for asylum seekers, it introduces significant practical, legal and policy problems that risk undermining the efficient functioning of the asylum system. First, from my understanding of it, the amendment, in effect, makes the issuance of a biometric residence document a precondition for starting the clock on the post-decision support period: that is, it ties the end of taxpayer-funded asylum support not to the legal decision on status, as is currently the case, but to the administrative completion of documentation.

The Government’s decision on an asylum claim is, rightly, a legal milestone. At that point, the person is no longer an asylum seeker; they have either secured leave to remain or not. The prescribed support period is meant to bridge the gap between that decision and the individual transitioning either into mainstream services or departing the country.

This amendment proposes an administrative burden and legal uncertainty and would require the Home Office to verify the delivery of a specific document to each individual before initiating the countdown to the end of support. This tracking and compliance exercise would be bureaucratic, costly and ripe for legal challenge.

Let us not forget the wider context: it is about taxpayer-funded support being an already generous and necessary safety net during the asylum process. Once the claim is accepted or otherwise determined, the individual is expected to move into mainstream provision or make arrangements for return. Delinking that transition from the legal decision itself and instead tying it to the issuance of paperwork is not only unworkable but unfair to the taxpayer and is an unwise policy.

Terrorism (Protection of Premises) Bill

Debate between Lord Davies of Gower and Baroness Hamwee

3rd reading
Tuesday 11th March 2025 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I thank the Minister for bringing the Bill forward for Third Reading. I express my gratitude to all noble Lords for their diligent scrutiny and contributions throughout the Bill’s progression.

I also extend my sincere thanks, once again, to Figen Murray—together with her team, as the Minister mentioned—whose tireless campaigning has been instrumental in ensuring that we make progress on stronger protection for premises. Without her dedication, the Bill would not have progressed as it has.

I am pleased that we had the opportunity for a thorough debate around the important issues contained in the Bill both in Committee and on Report. On Report, several crucial issues were raised; foremost among them was the concern that the Bill should not place an undue burden on smaller businesses and voluntary organisations. Indeed, I still have some concerns about that, and its eventual effect remains to be seen. We heard compelling arguments from my noble friends Lord Udny- Lister, Lord Murray of Blidworth and Lord De Mauley about the challenges faced by small enterprises, charities, events and community groups, particularly in implementing the necessary security measures without excessive financial or administrative strain.

Similarly, concerns were voiced regarding the potential impact on volunteers and organisations in the cultural, sporting and heritage sectors. We heard from the right reverend Prelate the Bishop of Manchester on the potential issues for hundreds of church communities and how they will be affected. These discussions underscored the necessity of ensuring that the provisions of the Bill are not only effective but proportionate and pragmatic in their application. While I am disappointed that the Government felt unable to support amendments that sought to protect smaller businesses and volunteers, we acknowledge the importance of moving forward with a Bill that still represents a significant step forward in our collective security.

We also welcome the Government’s clarification on the Henry VIII powers contained in the Bill, an issue of legitimate concern that was rightly debated in detail. I thank the noble Lord, Lord Anderson of Ipswich, for bringing amendments to refine these provisions. I commend the Minister on engaging seriously with these concerns and ensuring that the necessary clarifications were made. This is precisely the kind of constructive scrutiny in your Lordships’ House that strengthens legislation, and I am grateful to all who participated in this process.

I thank my noble friends Lord Cameron of Lochiel and Lord Sandhurst for their support on the Bill. I must also mention our support team on this side, Henry Mitson and Max McGiffen.

As we move towards the implementation of the Bill, it is vital that those affected by its provisions—businesses, charities, local authorities and venue operators —receive clear guidance and support. The effectiveness of this legislation will be determined not by the words on the page alone but by how well it is put into practice. Adequate resources, training and advice must be provided to ensure that compliance is achievable and that security measures are implemented effectively without unnecessary complexity or confusion. To that end, a watchful eye will be kept on the performance of the Security Industry Authority.

Furthermore, we must continue to evaluate the impact of these measures once they are in force. Security threats evolve, and our responses must remain adaptable. I hope that the Government will remain open to reviewing and, if necessary, refining the legislation in the future to ensure that it continues to meet the needs of those it seeks to protect.

In conclusion, the Bill represents a significant and necessary step in our ongoing efforts to protect the public from the scourge of terrorism. While no legislation can eliminate it entirely, we have a duty to take every reasonable measure to mitigate threats and to ensure that venues and public spaces are as prepared as possible. The Bill is a tribute to those who have tragically lost their lives to terrorism, and a testament to our resolve that we will do all we can to prevent future tragedies.

[Baroness Hamwee (LD)]

My Lords, as has been said, thanks must primarily go to Figen Murray, Stuart Murray and their team. Not for a minute have they allowed us to forget the significance of the Bill, which Figen instigated. Their staying power is remarkable, but not really a surprise in view of their history.

In the absence of my noble friend Lady Suttie from these Benches, we thank the Minister and his team for their helpfulness, openness and, as he said, collaboration, which we have really appreciated. I thank my noble friend Lady Suttie for being so easy to work with and so clear about what we wanted to achieve. As ever, I thank Elizabeth Plummer in our Whips’ Office. I have often said to her that she works so hard on legislation that she should do the last bit and be here to speak to it.

The Bill will not stop terrorism but has a very important part to play in the response to it, and we are pleased that challenges to the Bill have been resisted. We look forward to following its implementation.

Border Security: Collaboration

Debate between Lord Davies of Gower and Baroness Hamwee

Tuesday 17th December 2024 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I thank the Minister for the Statement and welcome the Government’s decision to pause Syrian asylum claims. We welcome the fall of the Assad regime and wait to see what will happen in Syria, although the risk of instability is high.

On the subject of new international agreements relating to border security, I am afraid that I cannot be as positive. The Government’s record so far on border security and immigration has been an unmitigated disaster. Illegal small boat crossings have surged on their watch, with record numbers of dangerous journeys across the channel putting lives at risk. This is a direct consequence of the Labour Government’s inability to get a grip on the problem and their refusal to make the hard choices necessary to secure the borders. The public know it and statistics prove it. Under Labour, the UK has become a magnet for criminal smuggling gangs. No doubt the Minister will tell me that the Government will be judged on the success of their delivery. Well, I can tell the Minister that he is being judged now and it is not a good look.

The agreements reached with Germany and the Calais Group may sound good on paper but what is missing is any real action or delivery. Where is the urgency? What are the tangible results? Where are they? Smuggling networks remain entrenched. The enforcement measures announced today amount to little more than tinkering around the edges. The Home Secretary said in the other place that her approach was delivering results, but the facts do not bear that out. I can put it no better than my right honourable friend the shadow Home Secretary did:

“In the 150 days since the election, more than 20,000 people dangerously and illegally crossed the English channel, 18% more than did so in the same 150 days in the previous year. I do not call an 18% year-on-year increase ‘delivering results’; that is a failure”.—[Official Report, Commons, 11/12/24; col. 902.]


This country deserves better. The British people want stronger borders, a controlled immigration system and criminals brought to justice. Yet Labour’s track record, now and during its last time in Government, shows that it cannot be trusted to deliver on any of these priorities.

Therefore, I ask the Minister a few questions. First, can he clarify what specific, measurable steps the Government are taking to dismantle criminal smuggling networks, domestically and internationally? Secondly, what provisions are in place to ensure that the agreements with Germany and the Calais Group deliver urgent, tangible results rather than just more headlines? Thirdly, will the Government consider further legislative changes to enhance border security and ensure tougher penalties for smuggling gangs and those facilitating illegal crossings? Fourthly, given the sharp increase in channel crossings year on year, how does the Minister reconcile this trend with the Home Secretary’s claim that the Government’s approach is delivering results? I look forward to the Minister’s response.

[Baroness Hamwee (LD)]

My Lords, from these Benches we welcome the Statement, although I do wish that these Statements were not always headed as being about border security. It is about much more than security. In particular, we welcome the collaborative approach, which we see as essential to international issues.

The Statement mentions Syria. I appreciate that the Statement is not really about Syria but as it is in here, let me take the opportunity to ask—although I think I can anticipate the answer—whether the Government are yet seeing any impact either of Syrians in this country who are now wanting to go back to the Middle East or any new wave of asylum seekers coming from Syria.

The Statement refers to wider crimes. We know that organised crime covers a wide area and that these things are all related. It lists violence, exploitation, money laundering and drug trafficking. I am sure that the Government see that people trafficking and illegal working are all part of the picture—but I would be glad of the confirmation.

The noble Lord, Lord Davies, talked about higher penalties. It is the same with policing. It is catching people, rather than the penalties, which is the deterrent. Given his background, I would be surprised if he disagreed with that. The Statement also refers to legislation identified by the Germans as being needed to add to their measures. Have the UK Government identified any need for further legislation here? I hope not, because legislation is often referred to as being the solution when so often it is action that is needed.

Finally, I express one major reservation. Safe and legal routes are not mentioned. Were they part of the discussions between the international parties?