Border Security, Asylum and Immigration Bill

Alex Norris Excerpts

Wednesday 19th November 2025 Commons Chamber

[The Minister for Border Security and Asylum (Alex Norris)]

I beg to move, That this House disagrees with Lords amendment 37.

[Mr Speaker]

With this it will be convenient to discuss Lords amendments 1 to 36 and 38 to 42.

[Alex Norris]

The Border Security, Asylum and Immigration Bill has returned to this House in good order. A number of amendments were made in the other place, with all but one made by the Government. Throughout the passage of the Bill to date, the strength of feeling about the importance of a properly functioning immigration system that is controlled and managed so that it is fair and works for the people of this country has been evident. Proper enforcement and respect for the rules is crucial to that.

As we discussed in this House on Monday, the Government’s new asylum policy statement sets out significant reforms to the UK’s asylum and illegal migration system to restore order, control, fairness and public confidence in the system. That statement builds on the measures in the Bill, our consideration of which returns our focus to the core objectives of the Bill.

This Bill will strengthen UK border security. It is part of a serious, credible plan to protect our borders that sees the Government working closely with our international partners upstream and in our near neighbourhood. It is a plan that sees this Government bringing to bear the powers and impact of the system as a whole, under the leadership of the Border Security Command, against those who seek to undermine the UK’s border security. It is a plan that delivers for our law enforcement partners by creating the new powers that they need to intervene faster and earlier against more of those involved in serious and organised immigration crime activity, providing for better data-sharing and creating stronger intelligence to inform enforcement activity. It is a plan that disrupts the sales pitch spun by the gangs by preventing illegal working in sectors that are not currently required to confirm whether a person’s immigration status disqualifies them from working.

Turning to the Lords amendments, I will start with the non-Government amendment passed by the other place. Lords amendment 37, tabled by the Opposition, is in our view unnecessary. It would mandate the Home Secretary to collate and publish statistics on the number of overseas students who have had their student visa revoked as a result of the commission of criminal offences, the number of overseas students who have been deported following the revocation of their student visa and the number of overseas students detained pending deportation following the revocation of their student visa.

It is first worth emphasising that the Government strongly value the vital economic and academic contribution that international students make in the UK. They enrich our communities, including my own in the city of Nottingham. The immigration rules provide for the cancellation of entry clearance and permission to enter or stay where a person has been convicted of a criminal offence in the UK or overseas. Where a student’s permission is cancelled, as a person without leave to enter or remain they are liable to administrative removal from the UK. Foreign nationals who commit a crime should be in no doubt that the law will be enforced and that, where appropriate, we will pursue their deportation.

On the specifics of the amendment on publishing data on these topics, the Home Office already publishes data on a vast amount of migration statistics, including information on visas, returns and detention. The official statistics published by the Home Office are kept under review in line with the code of practice for statistics, taking into account a number of factors including user needs and the resources required to compile those numbers, as well as the quality and availability of data. This ensures that we balance the production of high-quality statistics against the need for new ones to support public understanding on migration.

I want to be clear, however, that we recognise that there has been heightened interest from parliamentarians, the media and members of the public in learning more about the number and type of criminal offences committed by foreign nationals in the UK and about what happens to foreign national offenders—FNOs—after they have been convicted, and after they have completed their sentences. The Home Office is looking closely at what more can be done both to improve the processes for collating and verifying relevant data on the topic of FNOs and their offences, and to establish a more regular means of placing that data into the public domain alongside the other Home Office statistics that I have talked about. When this work progresses, the Home Office proposes to publish more detailed statistical reporting on FNOs subject to deportation and those returned to countries outside the UK. I hope that, on that basis, right hon. and hon. Members will support the Government motion relating to Lords amendment 37.

The Lords amendments introduced by the Government further strengthen and expand the powers and offences that target organised immigration crime groups. The most significant is Lords amendment 7, which introduces a new offence that criminalises the creation or publication of material relating to unlawful immigration services online, on internet services including social media, and on messaging platforms. Such material will be considered criminal when a person knows or suspects that the material will be published on an internet service and it has the purpose, or will have the effect, of promoting unlawful immigration services. I hope that the policy objective is clear to Members: it is crucial in order to tackle the facilitation of organised crime online, and to ensure that law enforcement has the appropriate tools to break down organised crime groups’ exploitation of the online environment, including social media.

Lords amendments 8, 9, 12, 13, 14 and 15 work alongside this new offence, providing intermediary liability protections for internet service providers, meaning that they will not be impacted by this offence and the actions of those being targeted in this offence—namely, individuals who are promoting unlawful immigration services online. The offence will have extraterritorial effect and therefore may be applied to online material created or published anywhere in the world and by a person or body of any nationality.

I turn now to the amendments to the core immigration crime offences set out in clauses 13 and 14, which concern the supply and handling of articles used in immigration crime. Lords amendments 1, 2, 3, 4, 10 and 11 enable 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. That sends a clear and unequivocal message: those who enable immigration crime, whether through direct action or indirect facilitation, will face consequences.

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

When the Bill was introduced, I thought that it was the ultimate horror and an attempt to outdo Reform, but it was a mere aperitif compared with the main course of the horrors of this week. On these specific measures, does the Minister recognise the possible impact on support agencies and services that assist refugees and asylum seekers? Did he not listen to the many representations from those groups about the difficulties that the measures will cause them?

[Alex Norris]

I am surprised that the hon. Gentleman is horrified by our attempts to crack down on organised immigration crime, which is the ultimate industry in profiting from misery and desperation, and which leads to vulnerable people losing their lives and has such impact on public confidence domestically. If he waits a little longer, I hope I can give him a degree of succour on the point he makes.

The amendments seek to criminalise those who are concerned in the supply of relevant articles for use in immigration crime and will bring into scope possession with intent to supply, or the making of an offer to supply, such an article. The amendments will also bring into scope those who are concerned in the handling of a relevant article for use in immigration crime.

Lords amendments 16 to 32 strengthen the powers of search and seizure in relation to electronic devices. Lords amendment 16 seeks to expand the definition of “authorised officer” to include officers of the police services of Scotland, the Police Service of Northern Ireland and the National Crime Agency. Lords amendments 17 to 32 ensure that those officers have the relevant safeguards, protections and legal clarity when utilising the powers, and make the required consequential changes.

Lords amendments 5, 6 38, 39 and 40 were tabled in response to the Joint Committee on Human Rights report on the Bill and debate in the other place, and ensure that proportionate, robust and appropriate safeguards are in place. Lords amendments 5 and 6 introduce additional safeguards to the offences set out in clause 13, and exempt from these offences any item or substance designed for personal cleanliness or hygiene. This includes items such as soap, toothpaste, sanitary products and other essentials that individuals may carry for personal dignity and wellbeing. I hope that gives the hon. Member for Perth and Kinross-shire (Pete Wishart) a degree of comfort. Limitations to this exemption are set out where certain items present a heightened risk of being repurposed as weapons or used in ways that endanger others. That strikes the appropriate balance on this important point.

Clause 43 enables stronger conditions to be placed on those who pose a threat pending their removal. Lords amendments 38, 39 and 40 do not alter the original intention of the clause, but ensure that the Bill sets out the limited circumstances in which an individual could have conditions such as electronic monitoring or curfews placed on their leave to enter or remain. This includes cases where the Secretary of State considers that the person poses a threat to national security or public safety, or where they have been convicted of a serious crime or a sexual offence.

The Government made a number of small amendments in the other place that seek to clarify the provisions to which they relate. Lords amendments 33, 34 and 35 are minor and technical changes to remove references to data protection legislation that are redundant following the enactment of section 106 of the Data (Use and Access) Act 2025.

Lords amendment 36 amends the consultation requirements to require the Secretary of State to consult the Department of Justice in Northern Ireland and the relevant Scottish Ministers prior to making regulations that determine the purpose for which trailer registration information may be shared with the police. The amendment does not affect the Secretary of State’s discretion to consult representatives of police bodies.

[Jim Shannon (Strangford) (DUP)]

rose—

[Mr Speaker]

Order. The hon. Gentleman has just walked in, and I do not think he has heard everything that has been said. That is rather unfair, and I do not expect people to do that. He should know better.

[Alex Norris]

I can assure Members, especially those from Northern Ireland, that we are talking closely with colleagues in the Northern Ireland Executive—the hon. Member for Strangford (Jim Shannon) knows well from our many discussions on the topic how much I value my relationships with them. I met several of them on Monday and I will continue to do so to make sure that the application of this provision and beyond is as good as possible and works seamlessly across all parts of the United Kingdom. I hope that provides a degree of comfort.

Lords amendments 41 and 42 relate to clause 62, the commencement clause, and the commencement of clause 42, which provides legal clarity for EU citizens and their family members with EU settlement scheme status—those who are in scope of the withdrawal agreement and have that as the source of their rights in the UK. The amendments change the commencement provision so that clause 42 will be brought into force on Royal Assent, to provide legal certainty as soon as possible for all EU citizens and their family members with EUSS status as to their rights in the UK.

This is a really important Bill. The work done in the other place was excellent, and I commend Lord Hanson of Flint especially on his work. Colleagues in the other place worked hard to improve the legislation, which we appreciate, and I ask the House to support our amendments today.

--- Later in debate ---

It is really good to see this Bill strengthened by further amendments from the Government, and to see that it will soon become an Act. We need to get it on to the statute book as soon as possible, and we need the Home Office to operationalise its measures, so that we can start tackling this vile trade in human beings.

[Alex Norris]

With the leave of the House, I am grateful to all hon. Members for their contributions and to those who took this legislation through all its previous stages.

Let me address some of the points made today. My hon. Friend the Member for Halesowen (Alex Ballinger) made some important points around online advertising and the responsibilities falling not on the providers, but on those sending those messages or putting out those advertisements. We think that is the current gap in provisions that we need to fill, but providers have a really important responsibility too. There are provisions in the Online Safety Act 2023 that relate to that work, but I reassure him that we talk to providers and will continue to engage with them to ensure that their platforms are not being used for what is the ultimate trade in human misery. My hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray) mentioned that issue as well.

I share the points that my hon. Friend the Member for Halesowen made about conflict resolution. We talk about upstream working, and that is the ultimate upstream working—it is very much Britain’s place in the world. British Aid works to tackle famine and disease and also works on education, particularly for women and girls, which we know can be transformative around the world. I totally agree with my hon. Friend’s point about our work overseas, which the Lib Dem spokesperson, the hon. Member for Woking (Mr Forster), also talked about. That work and that international co-operation are crucial, and I assure colleagues that we are doing that day in, day out, as I always say.

We had the pleasure of hosting the Berlin process in recent weeks. I said to all my counterparts that we are dealing with these shared challenges, and they agreed. The organised immigration crime networks, which we are talking about and which are addressed in this legislation, are by definition sophisticated and global, and we are engaging with them in different ways. We have to ensure that we have as good a co-ordinated approach as possible.

I pay tribute to my hon. Friend the Member for Edinburgh East and Musselburgh, given his long professional work in this space and his work on the Home Affairs Committee. I am grateful to him for enhancing the process of this Bill’s passage and other processes, and he is right: at the root of this issue are death and misery, which is exploited by criminals. We must tackle that, but those criminals’ networks are sophisticated, so as their capabilities increase, so must ours. That is the purpose of this legislation—both being able to tackle where those criminals advertise their services, and giving Border Security Command and others the tools they need to tackle them. I totally agree with his point about the value of data in its collective form, rather than any one strand, which I will address when I respond to the Opposition spokesperson, the hon. Member for Stockton West (Matt Vickers).

I thought that the Lib Dem spokesperson was slightly unfair—which is not in his nature—in his characterisation of what happened on Monday. Everything we talked about on Monday builds on what we are putting in place through this legislation; it is all part of the same approach to tackling both organised crime, as my hon. Friend the Member for Edinburgh East and Musselburgh said, and the supply and demand challenges in this area. I know that the Lib Dem spokesperson thinks the work on safe routes that we announced is really important. He and his colleagues are going to want to take part in that process, and of course they will have an opportunity to do so.

That brings me to the Opposition spokesperson. He has a terribly difficult job—the word I wrote down was “desperate”, but I am not going to use that word in this context. “Difficult” is what I will say to the hon. Member for Stockton West, because he wants people in this place and those watching us to believe that there is in some way anger among Conservative Members at the circumstances we find ourselves in today regarding hotels and small boat crossings, as if these are not phenomena that can be dated to within much less than a decade and started on the Conservatives’ watch. As my right hon. Friend the Home Secretary said on Monday, and as I will say again, any contribution from the Conservatives that does not start with an apology will not wash with the British public.

[Matt Vickers]

Is the Minister aware that in the nine months up to the election, the number of people in hotels fell by 47%? It has now gone up, and the number of people arriving in this country has gone up by 55%, while the number of those arriving in small boats and being removed has gone down. It is just not on—it is a car crash.

[Alex Norris]

Again, I know that the hon. Gentleman has to try hard to desperately defend the previous Government’s record and their failure. He knows as well as I do that the original sin in this area was the six-year head start that he and his colleagues gave to organised crime, and he will now chirp from the sidelines while we break that cycle. We are getting on with the job while the Conservatives talk about it.

Let us talk about the removal of the deterrent—that is not quite within the scope of the amendments made in the other place, but the hon. Gentleman talked about Rwanda, as his colleagues did the other day. I would gently say that from the day that the Rwanda deal was signed to the day it was scrapped, 84,000 people crossed the channel, so the idea that it was in some way a deterrent is for the birds. Until and unless colleagues on the Opposition Front Bench enter the real world, they are going to struggle for credibility.

[Matt Vickers]

Those people who arrived in this country illegally were going to Rwanda. Where are they now?

[Alex Norris]

The hon. Gentleman will know that in this Government’s 16 months in office we have removed 50,000 people who had no right to be here.

[Matt Vickers]

Will the Minister give way?

[Alex Norris]

The hon. Gentleman can ask the questions, but he cannot give the answers as well. I am afraid that I will not give way again—I am going to finish my point. When it comes to removing people with no right to be here, our record in office is a 23% increase on what the Conservatives managed to do.

On Monday, we heard something very interesting from the Leader of the Opposition. She committed Opposition Front Benchers to co-operating with what she said was such an important shared endeavour, and we have an opportunity to test that today, because the hon. Member for Stockton West heard what I said in my opening speech. He heard about my belief in transparency in this area and building public confidence through transparency in the statistics, which he also expressed in his contribution.

[Matt Vickers]

Will the Minister give way?

[Alex Norris]

The hon. Gentleman really does have to let me finish my point before I give way. He heard about this Government’s commitment to that, and about the work that is under way. Having known each other for as long as we have, I hope he will take it in good faith that we are committed to publishing stats that will mean people know what is going on in this area. On that basis, the hon. Gentleman does not really need to support the Lords amendment, but I will let him make his case.

[Matt Vickers]

People out there are really concerned about people arriving illegally in this country claiming to be children, and the impact that that can have on our education and care settings. This Bill removes our ability to scientifically age-verify some of those people, but more than that, since this Government came to office, they have stopped publishing the data on age disputes on arrival. What do they have to hide? Why will they not publish that data?

[Alex Norris]

I am afraid that panto season is starting early, Madam Deputy Speaker.

[Jerome Mayhew (Broadland and Fakenham) (Con)]

indicated dissent.

[Alex Norris]

We want to bring forward a whole set of data on this issue that helps people get a picture of what is going on—I am not sure whether the hon. Member for Broadland and Fakenham (Jerome Mayhew) heard me say that, but the hon. Member for Stockton West certainly did. I have made that commitment from this Dispatch Box, and that is what we will do.

[Matt Vickers]

Will the Minister give way?

[Alex Norris]

I will not give way, as the hon. Gentleman has more than had the opportunity to make his case. We have said that that is what we will do, and that is what we will do. On that basis, there really is no need for Lords amendment 37, but as I say, we will test the co-operation of Conservative Front Benchers. Will it last even 48 hours? From the hon. Gentleman’s demeanour, I suspect it will not.

It is so important that this legislation reaches the statute book quickly. The need for these powers is urgent, and we are down to one point of disagreement with the other place. This Bill is central to the Government’s actions to strengthen border security. It includes new, transformative measures to deliver on our manifesto commitment to identify, intercept, disrupt and prevent serious and organised crime through new criminal offences, expanded data-sharing capabilities and improved intelligence. It will disrupt the business models of organised crime groups and reduce unlawful migration to the UK.

[Carla Lockhart (Upper Bann) (DUP)]

Does the Minister accept that despite his opening remarks and his words about Northern Ireland, the reality and the understanding of people in Northern Ireland is very different, given that we are subject to EU law in this space? This is a very real issue for people in Northern Ireland. They want zero tolerance of illegal entry and fast removal of those who are blocking up our public services, which are already stretched to capacity, so will the Minister go further and have this sovereign UK Parliament legislate for Northern Ireland to protect our borders?

[Alex Norris]

I am very grateful to the hon. Lady for her question. She may have heard me say before that it is not in the interests of anyone, anywhere in the UK, for the work of establishing order and control at the United Kingdom’s southern border to create displacement challenges with regard to the common travel area. That is something we are very concerned about, and it is something that I talk to colleagues across the UK and beyond about. Of course, we have had very successful interventions in this area, such as Operation Comby.

Turning to her question about future legislation, she will have heard what the Home Secretary had to say the other day. There will be plenty of opportunities within that process to have those sorts of conversations, but our resolution is to make sure that we have a system that establishes order and control. That is what this legislation is in service of, and it is what the work set out on Monday is in service of.

[Alex Ballinger]

Could the Minister talk more about the data that we already have, how we are properly tracking the number of refugees already, and why Lords amendment 37 is not appropriate?

[Alex Norris]

As I said in my opening speech, it is right that we take our time to develop the right package of data, so that we can publish it and the hon. Member for Hamble Valley (Paul Holmes) and I can sit down and discuss it in great detail. [Interruption.] As always, the hon. Member for Hamble Valley wants it now, but as I suspect he is learning, opposition does not always work on a “now” timeline. The Conservatives may well have some time in which to find that out.

[Chris Murray]

Does the Minister agree that we have a very strong ecosystem of data on migration in this country? For example, the Home Office publishes enormous amounts of data every quarter. The ONS publishes a lot of data, and the independent chief inspector of borders and immigration publishes and analyses lots of the data that the new occupant of that role collects. We also have an ecosystem of think-tanks, research organisations and universities—for example, the Migration Observatory at the University of Oxford does amazing work in this space. The challenge is not that data on immigration is not available; it is that people interpret it selectively for their own purposes.

[Alex Norris]

That is always the challenge, because we live in a world of misinformation, disinformation and, I am sad to say, occasionally bad faith. However, my antidote to that is the same as my hon. Friend’s: better transparency is the best way to see our way through. He is exactly right that we already publish a vast amount, including on visas, returns and detention. He is exactly right that we keep things under review in line with the code of practice for statistics.

I say gently to Opposition colleagues that we have made a commitment. Many of them did not see my opening speech, so it perhaps bears repeating. We understand the heightened interest from parliamentarians, the media and members of the public in the number and type of criminal offences committed by foreign nationals and what happens to them. It is in everybody’s interest for that to be known. It is also in everybody’s interest for that dataset to be as good as possible.

[Matt Vickers]

People out there are concerned about 30-year-olds trying to get into classrooms with 13-year-olds. They want to know how often it is being tried. Why have the Home Office and the Government stopped publishing the data around age verification?

[Alex Norris]

It is getting to the point where I might not be able to help the Opposition spokesperson, because I have answered the question. It is in nobody’s interest, as I say, for important information to not be available. We are preparing it as a whole dataset. I said that in opening, and I have said it in response to him at least once, and I have said it again. [Interruption.] I hear the question, “When?” As soon as we can accurately publish it, that is what we will do.

There is a danger that we are down to the narcissism of small differences on this Bill. I do not really think that this is the hon. Gentleman’s principal objection, but I know that he has committed from the Opposition Front Bench, as did the Leader of the Opposition, to co-operation in ensuring that we tackle the pernicious crime of organised immigration crime and that we have order and control at our borders. I look forward to their co-operation.

Question put, That this House disagrees with Lords amendment 37.