Border Security, Asylum and Immigration Bill

Debate between Lord Swire and Lord Jackson of Peterborough

Committee stage
Thursday 10th July 2025 Lords Chamber

[Lord Swire (Con)]

My Lords, I very much hope that my Amendments 102 and 149 are in the spirit of what we are discussing this afternoon and, indeed, in the spirit of what the Government are attempting to do. I pray in aid both our earlier debate on the UK Government’s resilience action plan—I was in the Chamber when the noble Baroness, Lady Anderson of Stoke-on-Trent, was on the Front Bench for that—and the Government’s other document, the National Security Strategy 2025, which states in paragraph 14, among many other things, that we will:

“Expand our legal and law enforcement toolkit, to ensure the UK becomes a harder target for hostile state and non-state actors including criminal gangs engaged in illegal migration … Roll out a series of new measures to strengthen our borders, defend our territory and enhance the resilience of our critical national infrastructure”.


I concede that there are other parts of this document, but they all pretty much say the same thing:

“Security at home … Defend our territory … Make the UK a harder target”.


Under “Pillar (i)—Security at Home” in paragraph 1, it says:

“The first pillar of our Strategic Framework is to protect our people, bolster the security of our homeland and strengthen our borders against all types of threats, both in the physical and online space”.


In paragraph 3, it says:

“These multiple and interconnected threats require us to make ourselves a harder target to our adversaries. As a first step, the defence of our borders and territorial waters must be strengthened”.


Hear, hear to all that.

Then we come to the clauses in question and I find the drafting rather tentative, so my amendments seek to put a bit of muscle behind the Government’s intention. In proposed new subsection (1), my Amendment 102 would change “may” to must”, which would require immigration officers to take fingerprints from all people to whom that section applies. Section 141 applies to a person who does not present a passport at a port of entry, a person who has been refused leave to enter the UK and granted immigration bail, and any person who has been given a deportation order, among others. Currently, that too says only “may”, meaning that as things stand, as the legislation is proposed, the drafting suggests there is no requirement for immigration officers to collect this biometric information. My amendment would make it a duty to do so, in order to ensure an accurate collection of data.

Secondly, the amendment would add a new person to whom Section 141 applies, “ZA”. This is any person who wishes to enter the United Kingdom—visitors, tourists, all immigrants and any arrivals whatever. Proposed new subsection (2) in this amendment would amend the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 to require immigration officers to take photographs of every arrival into the United Kingdom. This is all about ensuring that we know who is entering the country and that we have an accurate record of every person who crosses our border. If that person then commits a crime while in the United Kingdom, the police would have their fingerprints and photograph on record to enable them to investigate and prosecute. I cannot see why the Government would be opposed to this, given everything that they have said so far today.

Amendment 149, the second amendment in my name, would amend the Immigration Act 1971 to insert two new sections. Proposed new Section 28IA would create new powers to seize identity documents from foreign criminals, asylum seekers, those awaiting deportation and those granted immigration bail. Immigration officers would be able to search for, seize and retain all such ID documents, and there are penalties within the amendment for those who do not comply, seek to falsify or misrepresent themselves. Proposed new Section 28IB states that immigration officers must give all the people they have seized this documentation from a new standard biometric government-issued identity card. This would be linked to the biometric information they have supplied, as laid out in Amendment 102. There is nothing very contentious or draconian there. It is just an attempt to garner the information we need to standardise that information and to have a better idea of who is in this country at any one time. I beg to move.

[Lord Jackson of Peterborough (Con)]

My Lords, I support the excellent amendments in the name of my noble friend Lord Swire. I begin with a confession, which I think is shared by most of my colleagues on these Benches, that we were all whipped in 2006 or 2007 in the other place when in opposition to oppose identity cards. It was a period when there were serious concerns about the infringement on civil liberties of identity cards. Tony Blair, our former Prime Minister, got a lot of things wrong over the years, but he was absolutely right on identity cards. If I were to go back in time and vote again, I would support identity cards, for many reasons. We are talking almost 20 years ago and the world has changed significantly in terms of transnational travel, patterns of serious organised crime, and the challenges of large numbers of people moving across the world, a minority of whom are doing so for nefarious reasons and for criminal enterprises.

The Minister knows that I have great respect for him. I know he serves in the greatest tradition of patriots in the Labour Party who have served in government and he wants to do his best to protect our borders and the safety and security of our country. However, we can no longer have these slightly erudite debates about ID cards and civil liberties when we have so many huge challenges, particularly the threat of Islamist terrorism and other serious organised crime. If we look abroad, we see that other countries have taken this very seriously as well, including many English-speaking countries: Australia, Canada, New Zealand and of course the United States. What bedevils us is the lack of co-ordination and collaboration in terms of sharing data.

I have been nice about the Minister and now I am going to be nasty. I have asked him four or five times the same question—I dare say it is his officials’ fault, not his—about whether we collect data on students whose visas are rescinded as a result of criminal activity. For various reasons, he has had to answer that he cannot give me that information, telling me the Home Office does not collate that data, there are too many databases, or it would be too expensive to collect that data. I am not blaming him as such, but that is symptomatic of the difficulty of being able to properly co-ordinate data in the public interest to fight crime. Therefore, we should consider anything that can assist that, whether it is facial recognition—I know there are civil liberties issues and in China we see some very major infringements of civil liberties, so I do not want to go down that road—iris scans, fingerprints, et cetera. The ability to collect that data for people coming in—