Border Security, Asylum and Immigration Bill

Debate between Lord Katz and Lord Cameron of Lochiel

Report stage
Tuesday 11th November 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, I listened very carefully to the noble Baroness, Lady Chakrabarti, whose long and well-known experience in these matters I greatly respect. I have sympathy for the underlying principle of her amendment, but I fear that, though well-intentioned, it would take us back to the position that, in our view, Parliament quite rightly sought to clarify in the Nationality and Borders Act 2022.

Section 37 of that Act was introduced for a very clear reason: to ensure that the UK, while complying with its obligations under the refugee convention, could define in domestic law how those obligations should be interpreted and applied. This amendment would lead to the repealing of Section 37 and the expansion of the statutory defence and, in our view, would go far beyond what the refugee convention requires.

Article 31 exists to protect those who come directly from danger and present themselves without delay. It does not exist to provide a blanket immunity for all irregular entrants, including those who have travelled through safe countries and have not claimed asylum there.

In our view, there has to be a system that is firm, not open to abuse and, above all, determined by Parliament. Diluting the provisions of the 2022 Act would undermine confidence and encourage, not reduce, the dangerous business of people smuggling. For those reasons, although I acknowledge the sincere spirit in which this amendment is brought forward, I respectfully urge noble Lords to oppose it.

[Lord Katz (Lab)]

My Lords, Amendment 74, tabled by my noble friend Lady Chakrabarti, seeks to remove the requirement that asylum seekers must come directly to the UK to benefit from the defence provided by Article 31 of the refugee convention. Furthermore, it seeks to expand the list of specific offences set out in Section 31 of the Immigration and Asylum Act, which asylum seekers who arrive illegally have a statutory defence against. I thank my noble friend for her amendment, while noting the previous amendments she suggested during the passage of the Bill, and for her kind words about my response to the debate on her previous amendment in Committee.

The Government remain committed to ensuring that all asylum claims in the UK are considered in accordance with our international obligations under the 1951 refugee convention. Indeed, all our asylum-related legislation, rules and guidance will continue to fully comply with all our international obligations. I hope that provides a level of assurance for the avoidance of any doubt. All claims which are admitted to the UK asylum system will continue to be considered on their individual merits by assessing all the evidence provided by the claimant against the background of published country information.

The Government consider that those fleeing persecution should seek asylum in the first safe country in which it is reasonable to do so. This is in the asylum seeker’s best interest, serves to reduce the risk inherent in making further dangerous attempts to reach the UK illegally, and prevents further profit going to criminal people and those who organise the terrible criminal offences the Bill is designed to stop.

Providing a statutory defence to illegal arrival and illegal entry would, in effect, provide a defence to virtually all individuals who reach the UK by illegal means. It is difficult to see how this could be seen to support the Government’s stance on enforcing the law on illegal migration. Again, it would only undermine the confidence of UK citizens in our wish to maintain a fair and safe immigration system.

Both my noble friend Lady Chakrabarti and the noble Baroness, Lady Ludford, raised the question of recognised refugees being prosecuted for illegal entry, so I will spend a bit of time explaining the grounds when considering whether or not to make an arrest. In that case, Immigration Enforcement criminal and financial investigators must consider whether or not the suspect is likely to benefit from the statutory defence in Section 31. They must consider the defence as set out in the Immigration and Asylum Act 1999, as well as the published CPS guidance on statutory defences. If it is deemed that the individual would benefit from the defence, they are not to make an arrest. If evidence suggests that a prosecution would be possible then continuous liaison between investigators and the relevant asylum caseworker must be undertaken throughout the asylum claim process.

Border Security, Asylum and Immigration Bill

Debate between Lord Katz and Lord Cameron of Lochiel

Report stage
Tuesday 11th November 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, these amendments raise a very important point, and I am very grateful to the noble Baroness, Lady Coussins, for opening the group with the arguments she made. The important point is the need to ensure that interpretation and translation services in our asylum and immigration system are both adequate and effective. Self-evidently, clear and accurate communication is essential to the fairness and integrity of any decision-making process, and that is particularly true in cases which can have serious consequences for the individuals concerned. The amendments before us seek to strengthen the standards applied to interpreters and translators. In principle, that is a very sensible and worthwhile aim.

Before we consider making changes to the existing framework, it would be more helpful to understand from the Minister the current position in a little more detail. The noble Baroness laid out specific deficiencies that she believes are presently affecting the system in providing these services. Objective standards are important, but some are already in place under the current arrangements, such as the interpreters code of conduct—the noble Baroness mentioned this and the need for a review of that code in her speech. If there are demonstrable gaps or failings in quality assurance, that would certainly merit attention. Indeed, we would welcome assurances from the Minister on this point that the concerns raised by the noble Baroness, Lady Coussins, are being actively addressed. Equally, if existing mechanisms are already achieving those aims, we should be cautious about introducing additional prescription, which may duplicate what is already in operation.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, the asylum interview is an important part of the asylum process for many asylum seekers, because it is one of the main opportunities to provide relevant evidence about why they need international protection. Similarly, for the asylum decision-maker, and indeed for the whole of the Government’s processes, it helps draw out and test the evidence. As the noble Baroness, Lady Coussins, said in moving the amendments, paragraph 339ND of the Immigration Rules provides that:

“The Secretary of State shall provide at public expense an interpreter for the purpose of allowing the applicant to submit their case, wherever necessary. The Secretary of State shall select an interpreter who can ensure appropriate communication between the applicant and the representative of the Secretary of State who conducts the interview”.


Interpreters are required to interpret to a high standard on a range of protection-based and human rights topics, including, although not limited to, religious conversion, female genital mutilation, sexuality and gender-based claims, all types and forms of persecution, physical and mental health, and political activity.

It is really important that we are having this debate. I am again very grateful to the noble Baronesses, Lady Coussins and Lady Ludford, for bringing this matter to the attention of the House. I also salute the indefatigability of the noble Baroness, Lady Coussins, for raising this subject, being flexible and meeting myself and officials to get clarification on this important subject area.

Amendments 79ZA and 79F seek to amend the provisions relating to interpreters in the Immigration Rules and the Asylum (Procedures) Regulations 2007. Amendment 79F seeks to include the provision that interpreters must be professionally qualified. For an interpreter to join the Home Office panel of freelance interpreters, they must be either a full member of the National Register of Public Service Interpreters or hold one of the qualifications or assessments listed in the Interpreters Code of Conduct, to which the noble Baroness, Lady Coussins, referred. The code exists to ensure that expected standards of conduct and behaviour are met and that any potential misconduct issues are addressed at an early stage.

Throughout this process, the noble Baroness, Lady Coussins, has been tenacious in stressing the importance of experience and professional standards. We feel that that is very much the spirit of the code of conduct and its practice. Interpreters must conduct themselves in a professional and impartial manner and respect confidentiality at all times, irrespective of whether they are attending an interview in person, remotely via video conference or by audio only. Prompt and decisive action is taken when the Home Office becomes aware of any alleged inappropriate conduct by an interpreter.

The Home Office requires interpreters who wish to join its panel to already be a full member of the National Register of Public Service Interpreters—NRPSI—or hold a specified qualification or assessment. There may be instances, where a language is particularly rare, when the Home Office will accept documented proof of hours worked as an interpreter in that language for a reputable business or charity, but these are assessed on a case-by-case basis and must be approved by a senior manager. We wish to preserve the spirit of flexibility that the current system has for these exceptional cases, and specification in the Bill might prohibit that sort of approach to a particularly rare language or dialect where interpretation is required.

The minimum standards are long-standing and demonstrate that interpreters already need to prove that they are proficient before being accepted on to the Home Office interpreters panel. They also allow for a level of flexibility which ensures that even those who speak rarer languages can be serviced by the Home Office, protecting the proficiency and standards of Home Office interpreters. The qualifications needed by interpreters are freely available to all, published on GOV.UK.

It is considered that amending the Immigration Rules in the way envisaged by the amendment would have little impact. The code of conduct sets out clear expectations around impartiality and the standards of conduct and behaviour that interpreters are required to meet. Interpreters must hold recognised qualifications. They undergo rigorous background security checks and are required to sign a declaration of confidentiality.

The noble Baroness, Lady Coussins, asked about enforcement of the code. Feedback is collected on interpreter performance, and any incidents of alleged behaviour falling short of the code of conduct will be fully investigated. Feedback is primarily compiled by interviewing officers completing an interpreter monitoring form, but this form may also be completed by other Home Office officials. Prompt and decisive action will be taken as soon as the Home Office becomes aware of any alleged inappropriate conduct, and this is obviously in the best interests of the department, the interpreter, the wider public and, of course, the claimant. The way in which the code of conduct is managed and enforced minimises any risk of bias, including for sensitive, asylum and immigration cases.

Interpreters must comply with any requests from the Interpreter & Language Services Unit for information within the time specified. If there is evidence of behaviour falling short of the code of conduct, interpreter monitoring may be considered, to determine any further action.

The amendment also seeks to include “translator” within the provisions relating to interpreters in paragraph 339ND of the Immigration Rules and the Asylum (Procedures) Regulations. This relates to providing at public expense a translator to allow an applicant to submit their case and appeal their claim, as well as a translator to ensure appropriate communication at interview. The noble Baroness, Lady Ludford, in her contribution, raised a number of questions around the role of translation in the Home Office rules and code of conduct; I will come to what she was referring to in a short time.

The asylum interview guidance makes clear that where a claimant wishes to submit documents relevant to their claim, where those documents are in a foreign language, the asylum decision-maker must ask what it is and what relevance it has. If the document is or could be useful, they must give the claimant an agreed period to submit a translation, noting this on the interview record.

Specifically on translation services, to be clear, the code applies to anyone conducting any assignments on behalf of the Home Office. The Home Office contract for written translation is held by thebigword, whose stringent quality control processes in place should ensure that translations meet the high standards required.

Although I thank the noble Baroness, Lady Coussins, for the amendments and indeed the wider debate we have had on this issue both tonight and in Committee, the Government see no reason why the existing framework should be changed in the way suggested by the amendment, and for that reason I invite her to withdraw the amendments.

As I said, it is important that we are able to retain some flexibility in the way that we provide interpreter services particularly, specifically because of very rare languages. Too much specificity in the Bill could constrict the effective service that we want to provide to asylum seekers and might also have a negative impact on our ability to provide a fair, effective and efficient system.

However, I am pleased to say that, following our extensive discussions with officials, I am happy to commit from the Dispatch Box that the Home Office will work with stakeholders to review the Interpreters Code of Conduct and provision of translation services—to address the point made by the noble Baroness, Lady Ludford—including a section in the code that outlines the criteria for becoming a Home Office interpreter, reflecting the need for qualification or professional experience, including reference to NRPSI standards, as I have set out. Given that additional commitment tonight and the conversations that we have had over the past days and weeks, I very much hope that that will satisfy the noble Baroness, Lady Coussins, and that she will see fit to withdraw her amendments.

Border Security, Asylum and Immigration Bill

Debate between Lord Katz and Lord Cameron of Lochiel

Report stage
Wednesday 5th November 2025 Lords Chamber

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, if the amendments in this group seem familiar, it is because we have seen their intention before. Taken together, Amendments 35A and 35B from the noble Lords, Lord Davies and Lord Cameron, can be seen as an attempt to reinstate certain aims and objectives of the Illegal Migration Act 2023—indeed, at points taking a more unworkable approach than what came before. This Government have been clear on their approach to the Illegal Migration Act and the policy intentions of that Act. This Bill repeals the Act, aside from the six sections where we have identified operational benefit, and fully repeals the Safety of Rwanda (Asylum and Immigration) Act 2024.

Amendment 35A, in effect, seeks to reintroduce in a different form the unworkable duty to remove measures in the Illegal Migration Act that we are repealing, as the noble Lord, Lord German, so clearly and ably articulated for us earlier. Having a duty to remove people unlawfully in the UK is something that is easy to say but very difficult to deliver in practice, as evidenced by the previous Government’s failure to implement that part of the Illegal Migration Act. Such a legal obligation means taking away all discretion, and defining exceptions to that duty is not always straightforward. There remains a risk of legal challenge for acting unreasonably in individual cases.

For a duty to remove to be effective, there needs to be a destination to which it is safe to remove people when their own country is not safe for them or where there are practical difficulties in proceeding with the removal, and a host country needs to agree to accept those people. If a third country is not willing to accept foreign national offenders or unaccompanied children, as was the case with the previous Rwanda scheme, that can incentivise perverse behaviour for migrants seeking to remain in the UK. I make no apologies for echoing very closely what the noble Lord, Lord German, said because the facts are the facts, and he was very clear in his analysis.

As I stated in Committee, we already have well-established powers to remove people who are unlawfully in the UK. In fact, we have seen an increase under this Government of over 31% in failed asylum seekers being removed since June last year, along with an increase of 16% in foreign national offenders being removed. Opposition to this amendment is not about opposing the removal of those with no right to be in the UK—far from it. It is about delivering long-term, credible policies to enable a properly functioning immigration system. Having a duty to remove will not add anything useful to that aim.

Amendment 35B, in effect, seeks to introduce a new power of detention and completely remove the power to grant immigration bail. It proposes that all those committing an immigration offence under Sections 24 and 24A of the 1971 Act should be detained in a removal centre, with no recourse to bail, until such time as they are deported. This is simply unworkable. There is no capacity to detain all those within scope of this amendment, it leaves no scope to bail people where removal is not likely to take place within a reasonable timeframe, and provides no discretion in the case of children or those who may be vulnerable. Without wishing to press the point, it is simply wishful thinking. We already have established powers of detention that cover the examination, administrative removal and deportation processes, as well as powers to grant immigration bail where the Secretary of State or the court considers that to be the more appropriate option. The noble Lord, Lord German, has already set out the risks of retaining the approach set out under the failed Illegal Migration Act, so I will not repeat those comments.

These amendments would undermine the integrity of the UK’s immigration and asylum system and put the UK in conflict with its obligations under the refugee convention and the ECHR. They would serve only to prevent asylum decision-making, increase the backlog of asylum cases awaiting an outcome, and put impossible pressure on asylum accommodation, with significant costs to taxpayers. We cannot ignore the fact that these amendments also fail to take into account the needs of vulnerable individuals, including children. I therefore invite the noble Lord, Lord Cameron, to withdraw Amendment 35A.

[Lord Cameron of Lochiel (Con)]

My Lords, I am grateful to the noble Lords, Lord German and Lord Katz, for their comments. It will come as no surprise that I do not accept the criticisms that they made. I suggest that these amendments are responsible, pragmatic and necessary and would restore faith in the principle that sovereignty means that we decide who may enter, who may stay and who must be removed. The backlog of claims, the scale of illegal entries and the long delays in removals all speak to a system that lacks credibility, and these amendments would move us towards a stronger, fairer, more sustainable regime. For that reason, I wish to test the opinion of the House.

Border Security, Asylum and Immigration Bill

Debate between Lord Katz and Lord Cameron of Lochiel

Report stage
Tuesday 28th October 2025 Lords Chamber

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, I am grateful to all noble Lords who have participated in this short but worthwhile debate. I am particularly grateful to the noble Lords, Lord Davies of Gower and Lord Cameron of Lochiel, for tabling Amendments 3 and 6, and to the noble Lord, Lord Cameron, for speaking to them. These seek to criminalise possession with intent to supply and to ensure that those who arrange for a relevant item to be received by a third party fall into the scope of the offence.

As the noble Lord, Lord Cameron, acknowledged, in response to the debate that we had in Committee on these amendments, the Government have tabled Amendments 4, 5, 8, 9, 16 and 17. These build on proposals advanced by the noble Lords, Lord Davies and Lord Cameron, in Committee and, indeed, this evening on Report.

In refining the approach, we have tabled amendments that ensure that individuals who are concerned in the supply chain can be held accountable where they know that their actions are enabling criminal activity, and that those who are knowingly concerned in supplying articles for use in immigration crime fall in scope. As the noble Lord, Lord Cameron, noted, criminals are always developing new ways to pursue organised immigration crime, and we have to stay on top of them. These amendments are part of the package of measures in the Bill, and that is why we have tabled these government amendments, to address the concerns around third-party supply that were noted in Committee.

I believe that this matches the intent in the noble Lords’ amendments, both on Report and in Committee, by ensuring that those who are concerned in the supply of, or the making of an offer to supply, a relevant article for use in immigration crime, and those who are concerned in the handling of a relevant article for use in immigration crime, are in scope of this offence. As such, I hope that noble Lords are content with the government amendments and will not press theirs.

This is a proportionate and necessary step, one that targets the infrastructure behind the wicked trade of organised immigration crime. It allows us to disrupt the actions of not only those who commit offences directly but those who facilitate them through the provision of tools, materials or services. As we have already heard tonight, organised immigration crime works internationally, through networks of facilitators and organisers. This new offence, strengthened by this amendment, is about acting before the facilitation offences have happened, to prevent crossings and the risking of life, and everything that goes with it.

These amendments have safeguards in place, reflecting our wider discussion on this aspect, in that the individual must be knowingly engaged in facilitation to fall into scope, and law enforcement must be able to prove that knowledge, protecting those who act in good faith from these offences.

I turn to some of the questions and points raised. The noble Baroness, Lady Hamwee, and, from the Front Bench, the noble Lord, Lord German, raised concerns about the language in the Bill and its precision.

First, on how “concerned in” is any different from the “handling” wording in the Bill—as Lord German asked—the Bill equips law enforcement with counter- terror-style powers to disrupt and dismantle smuggling operations far earlier, well before a boat is launched from the French coast and lives are put at risk. The amendment strengthens these powers, setting out that someone does not need to smuggle people into the UK themselves to face jail time. Law enforcement can also use these powers to go after people playing other roles in smuggling operations. This may include, for instance, providing a lorry to try smuggling people into the UK, sending money to buy small boat parts, or storing dinghies in warehouses knowing full well that they are being used for channel crossings.

The noble Baroness, Lady Hamwee, talked about the breadth and vagueness of the use of “concerned in”. Would it, for instance, capture those who are selling boat equipment to sailors? To be clear, that is not the intention here. All that is changing with this amendment is setting out that someone involved in people-smuggling operations can face jail time, not just those smuggling people into the UK themselves.

To go to the heart of whether this is an overreach, which I think is the concern coming from the Liberal Democrat Benches, let us be absolutely clear, and I think we can all agree on this: vile people smugglers are wreaking havoc on our borders and are putting lives at risk to line their own pockets. None the less, law enforcement must follow a strict legal test and prove that someone knew the activity was part of smuggling operations. As with any criminal offence, independent prosecutors will look at all factors when considering prosecution and judge every case on its merits. Indeed, the officers who are carrying out potential seizures and applying for arrest warrants will bear in mind the usual high bar of evidential standards that prosecutors require for a successful prosecution. Nothing changes there.

The noble Lord, Lord German, asked about the impact on legal practitioners. To be clear, this is about supplying goods, not services. There is a clear difference between people who want to supply dinghies to get people across the channel and those who are supplying people with legal services to defend an appeal claim for asylum, for instance.

Lastly, I turn to the noble Viscount, Lord Goschen, who asked for the bigger picture. This Bill is about making it harder for vile smugglers to operate. The new counterterror-style powers equip law enforcement with the tools that it needs to act earlier against the smugglers. I would say to the noble Lord that even one prosecution that stops a smuggler in their tracks could save countless lives. We have seen over many summers the number of people who are crammed on to those boats. If we can stop any single boat launching, through getting those dinghies seized earlier, that will have a material impact in saving lives.

This is tough legislation that builds upon the surge in operational action against people-smuggling networks. The National Crime Agency carried out around 350 disruptions on organised immigration crime networks—its highest level on record and a 40% increase on the previous year. Through these amendments, we send a clear and unequivocal message: those who enable immigration crime, whether through direct action or indirect facilitation, will face consequences. This aligns with the Government’s broader commitment to stop the boats and dismantle the nefarious networks that profit from the evil of human exploitation, and reinforces our resolve to tackle every link in the chain of illegal migration.

The Government’s approach has been clear from taking office: to go after the gangs. We need these offences enacted to allow operational colleagues to do their jobs. They will strengthen our ability to prosecute facilitators and reinforce our stance that nobody concerned in the supply of articles for use in such offences should be beyond the reach of the law.

Having said that, I ask the noble Lord, Lord Cameron, to withdraw his amendment. We shall then formally move the government amendments in this group.

[Lord Cameron of Lochiel (Con)]

My Lords, I am very grateful to all noble Lords who have spoken in this short group. I have just one observation on the comments from the noble Lord, Lord German, around the phrase “concerned in”, which appears in the amendments. He stated that it appears in counterterrorism law. It also appears frequently in the criminal law around misuse of drugs. I would suggest that the criminal courts are well used to both interpreting and applying that phrase; there is a wealth of case law on it. I would also suggest that it is not unusual, difficult or exceptional phraseology.

I am very grateful for the assurances from the Minister. It is very welcome that the Government have listened to our concerns and addressed them with these amendments. Therefore, I beg leave to withdraw Amendment 3.

Border Security, Asylum and Immigration Bill

Debate between Lord Katz and Lord Cameron of Lochiel

Committee stage
Monday 8th September 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, I will speak to Amendments 159, 160 and 161 in my name before speaking in support of Amendment 158 tabled by my noble friends Lord Murray of Blidworth and Lord Jackson of Peterborough. My amendments here are more technical in nature and simply seek to standardise the language used in Clause 48 with the language used in Section 72 of the Nationality, Immigration and Asylum Act 2002.

Section 72 of the 2002 Act, as has already been mentioned, provides for the application and interpretation of Article 33 of the Refugee Convention. Specifically, it provides a definition in UK law of what is to be considered a particularly serious crime. This permits the refoulement of refugees and asylum seekers who commit such particularly serious crimes and therefore constitute a danger to the community of the United Kingdom.

Section 72 of the 2002 Act was amended by Section 38 of the Nationality and Borders Act 2022. The 2022 Act substituted the words “shall be presumed to have been” for “is” in subsections (2), (3) and (4). Consequently, rather than saying:

“A person shall be presumed to have been convicted by a final judgment of a particularly serious crime if”,


which was the original language used, those subsections in the 2002 Act now read:

“A person is convicted by a final judgment of a particularly serious crime if”.


That was introduced to end ambiguity regarding which presumption in Section 72 is rebuttable in court. The changes in the 2022 Act therefore alter the language such that the rebuttable presumption applies only in one instance.

However, in Clause 48 of this Bill, new subsections state that:

“A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if”,


thereby using the old phrasing of the originally enacted 2002 Act rather than the phrasing currently in force. If this clause were to pass as it is, the language in Section 72 of the 2002 Act would not be uniform and would reintroduce the ambiguity regarding the rebuttable presumptions that was removed by the 2022 Act.

I apologise for that lengthy exposition of the technical context of the amendments, but I simply seek clarification from the Government and the Minister on why this is the case. Have the Government chosen to reintroduce another rebuttable presumption in Clause 48? Given that the Government have not stated their intent to reverse the changes made by the 2022 Act to Section 72, why is there mismatching phrasing? I do not think those changes were controversial at the time; I have checked Hansard and not a single Member of your Lordships’ House challenged those changes in the Bill in Committee or on Report. So I simply seek to understand whether the Government support the language in Section 72 of the 2002 Act, as amended by the 2022 Act, and whether there was an intention to reintroduce that ambiguity.

Amendment 158, from my noble friends Lord Murray of Blidworth and Lord Jackson of Peterborough, has been amply covered. My noble friend Lord Murray made a compelling argument for seeking to include immigration offences in the definition of particularly serious crime for the purposes of Article 33(2) of the convention. As things stand, the definition of a particularly serious crime includes any offence for which a person has been sentenced to imprisonment of at least 12 months. As my noble friend has just said, his amendment would expand that definition further to encompass immigration offences.

I look forward to the Minister’s response.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, I thank all noble Lords for a short but legally quite forensic debate. It was probably almost too forensic for gone 10 pm on a Monday night. I shall do my best to address their concerns.

I shall start by talking a bit about Clause 48 and then move on to the amendments. The Government are committed to complying with their international obligations, including those set out under the Refugee Convention. As noble Lords will be aware, a key principle of the Refugee Convention is the non-refoulement of refugees to a place or territory where there is a real risk they would be subject to persecution. The noble Lord, Lord Murray of Blidworth, clearly and ably set this out.

The convention recognises that there must be limited exceptions to this principle. Article 33(2) of the convention allows refugees to be refouled where they are a danger to the security of the UK or have committed a particularly serious crime and, as a result, constitute a danger to the community. Clause 48 goes further than the previous amendments made by the Nationality and Borders Act by redefining the term “particularly serious crime” for exclusion purposes to now include individuals who have received a conviction for a sexual offence included in Schedule 3 to the Sexual Offences Act 2003. This is because this Government recognise the devastating impact of sexual violence on victims and our communities. We are fully committed to tackling sexual offences and halving violence against women and girls within a decade. Importantly, as it stands, Clause 48 allows the individual to rebut the presumptions both that they have committed a particularly serious crime and that, as a result, they constitute a danger to the community.

Amendment 159, tabled by the noble Lords, Lord Cameron and Lord Davies, seeks to remove the particularly serious rebuttable presumption. This would mean that asylum seekers or refugees who receive convictions for Schedule 3 sex offences would be considered for exclusion from the Refugee Convention with no ability to rebut the presumption that they have committed a particularly serious crime.

Similarly, Amendment 160, in the names of the noble Lords, Lord Cameron and Lord Davies, seeks to remove the same rebuttable presumption for sexual offences committed outside the United Kingdom, where that offence would have also constituted a Schedule 3 sexual offence had it been committed in the United Kingdom. Their Amendments 161A to 161E seek to make a number of changes to the provision, including removing the presumption that, where an individual is considered to have committed a particularly serious crime in relation to a Schedule 3 sex offence, they constitute a danger to the community of the United Kingdom as a result.

There is no definition of a particularly serious crime in the Refugee Convention and no direct uniformity in the interpretation adopted by other states parties. It is open to the UK to interpret the term in good faith, and that is what we are seeking to adjust with Clause 48. A good faith interpretation requires consideration of the ordinary meaning of the words and maintaining respect for the guarantees provided by the convention as a whole.

The rebuttable presumption mechanism provides a safeguard for individual offenders to rebut based on their individual circumstances. At the same time, it is important to note that Parliament has presumed that such offences will be considered particularly serious crimes for these purposes. Not only have those who receive convictions for Schedule 3 sex offences failed to respect the laws of the UK by committing these heinous acts, they have also undermined public confidence in the ability of the state to protect the public. This measure is limited by our obligations under the convention. Both the rebuttable presumptions must remain as a practical measure to ensure that we adopt a lawful approach.

In speaking to his amendments, the noble Lord, Lord Cameron, spoke at length and in quite technical detail about the alignment of the language of the 2002 Act. Rather than trying to go into detail now, I will undertake to write to the noble Lord about the issues of language alignment that he raised, so that we can get a properly considered and more legally watertight response than I can give at this hour.

Amendment 158 in the names of the noble Lords, Lord Murray and Lord Jackson of Peterborough, spoken to by the noble Baroness, Lady Lawlor, seeks to expand the definition of a “particularly serious crime” to immigration offences. We consider this amendment to be incompatible with the refugee convention. We understand the seriousness of individuals seeking to arrive in the UK through dangerous and unsafe means, which is why we are taking robust action to prevent it. That is what this Bill is all about. The noble Lord, Lord Murray, raised Article 2 of the refugee convention. Our view is that the Bill is utterly consistent with the principle that those coming here have responsibilities to obey the host nation’s laws. That is something that we feel runs through the Bill.

In terms of the actions that we are taking, Border Security Command is strengthening global partnerships to enhance our efforts to investigate, arrest and prosecute these criminals. We recruited an extra 100 specialist NCA investigators and intelligence officers, including staff stationed across Europe and in Europol, to drive closer working with international law enforcement partners to target smuggling gangs. This Bill will give the NCA new powers to tackle organised immigration crime and protect the UK’s border. As stated previously, it is open to the UK to interpret the convention in good faith, and it is considered that immigration offences that do not carry a custodial sentence of more than 12 months cannot in good faith be interpreted as a particularly serious crime. Given that explanation and the undertaking to write to the noble Lord, Lord Cameron, on the technical point of language alignment, I ask the noble Lord, Lord Murray of Blidworth, to withdraw his amendment.

Border Security, Asylum and Immigration Bill

Debate between Lord Katz and Lord Cameron of Lochiel

Committee stage
Thursday 26th June 2025 Lords Chamber

[Lord Cameron of Lochiel (Con)]

My Lords, the two amendments in this group are to do with expanding two of the offences in the Bill as drafted. The Bill criminalises only the supply or offer to supply articles for use in immigration crime but fails to cover what is often a critical precursor to that act—the possession of such articles with intent to supply. My amendment seeks to address what we say is a clear loophole in the Bill.

If someone is found holding forged documents, counterfeit passports, boat parts or other materials commonly used to facilitate illegal entry with the clear intention of supplying them to others, that is not innocent behaviour; it is preparatory, deliberate and deeply harmful to the integrity of our immigration system. We do not accept this kind of gap in legislation dealing with drug offences or the possession of firearms. Section 5 of the Misuse of Drugs Act 1971, for example, criminalises possession with intent to supply controlled drugs. If we do not accept such gaps in other legislation, we should not accept them here.

The Government have talked up their expansion of border security powers, and the Prime Minister has spoken of providing counterterrorism-style powers. If so, all possible loopholes in these offences should be closed. If we are serious about disrupting organised networks and cracking down on those who profit from unlawful immigration, the law must allow us to intervene before the supply takes place, not simply after the fact. Amendment 30 would therefore simply bring the offence in Clause 13 into alignment with other similar offences. It aims to strengthen the clause and close the loophole.

The other amendment I propose to the offences regarding articles for use in immigration crime is Amendment 39. This amendment is intended to help the Government by strengthening the offence in this clause. It looks to close another loophole that could permit smuggling gangs to escape conviction. The effect of this amendment would be to expand the offence of handling articles for use in immigration crime to cover a crucial additional scenario—namely, where a person arranges for one person to receive a relevant article from a third party. That may seem like a small change, but it would address a significant gap.

The current law targets those who receive, arrange to receive, remove or dispose of such articles themselves, or who assist another person to remove or dispose of relevant articles. They are rightly included in the nature of the offence in the Bill. But, as it stands, were a person to arrange for two other people to exchange a relevant article, the person who organised such an exchange could escape liability. Therefore, they would not be liable for criminal penalty, despite clearly being a at the heart of the offence committed.

This is particularly important given that, in the world of organised immigration crime, individuals often seek to insulate themselves by arranging exchanges between others, keeping their own hands clean while remaining the central co-ordinator, and often beneficiary, of criminal activity. This amendment would simply ensure that those who orchestrate these exchanges are held to account just as much as those who carry them out.

If we are to deter and disrupt the criminal networks profiting from illegal migration, we must be prepared to legislate against the full chain of facilitation and not just the visible ends of it. I respectfully submit that the Minister should think carefully now about these kinds of loopholes that the Government risk creating in the legislation, which can be easily identified if a practical operational perspective is taken. I hope he accepts these amendments, and I beg to move.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

I thank the noble Lord, Lord Cameron, for speaking to the amendments tabled by him and the noble Lord, Lord Davies. The purpose behind these two amendments is to ensure that those who possess an item believed or suspected to be used in immigration crime, and those who arrange or facilitate the supply of an article for immigration crime, fall into the scope of the offence.

On Amendment 30, the noble Lord, Lord Cameron, made some salient points about other offences currently on the statute book. In a spirit of openness and wanting to listen to noble Lords, the Home Office would be happy to take this issue up with operational partners to scope whether it would be a worthwhile addition to the Bill. We are certainly serious about using this legislation, as my noble friend the Minister said, to crack down on smuggling gangs. This could potentially be a helpful addition to the Bill, but for now I request that the amendment be withdrawn, and we will update the House further on the matter later in the Bill’s passage.

We are sympathetic to the motivation behind Amendment 39, but I can confirm that arranging the supply of an article relevant to the proposed offence would fall under the clause as drafted. It might be described as “brokering” or “offering to supply”. Either Clause 13(1)(a) or 14(1)(a) are considered wide enough to cover this activity since, for example, an offer to supply would have been made in the scenario that the noble Lord, Lord Cameron, outlined, as the individual would be supplying or offering to supply an item that they knew or suspected was for use in immigration crime. I hope that is clear and, while thanking the noble Lord for tabling the amendments—and indeed agreeing with the sentiment and motivation behind them—I respectfully reject Amendment 39 as unnecessary and ask him to permit further time for Amendment 30 to be considered.

[Lord Cameron of Lochiel (Con)]

I am very grateful to the noble Lord, Lord Katz, for his speech. It has been a long afternoon and I feel that, at the very end of it, I have made a tiny step of progress. I think he agrees that the case is simple, because it is a strong case: we are not asking for anything radical, just for the law to keep pace with the realities of how organised immigration crime actually works. I will say no more about Amendment 30.

On Amendment 39, I just ask the noble Lord, as he has offered, to think about it carefully. It is critical, we say, to cover the organisers, the co-ordinators, those who sit above the exchange itself and arrange for others to carry it out. They often avoid direct handling precisely because they know that the law can be weak when it comes to intermediaries, and we cannot allow them to exploit that weakness. The amendment is grounded in the operational reality of how trafficking and smuggling networks function, but I am very grateful for the indications that he has given and, for those reasons, I beg leave to withdraw the amendment.