Border Security, Asylum and Immigration Bill

Angela Eagle Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Lisa Smart (Hazel Grove) (LD)]

We all want to stop the dangerous channel crossings, wherever we sit on the political spectrum. There are some measures proposed in the Bill that we on the Liberal Democrat Benches support, some that we do not think will be effective enough, and some that we will seek to amend in Committee.

When in government, the Conservatives systematically dismantled safe and legal routes to sanctuary, forcing desperate people into the arms of criminal smugglers. At the same time, they mismanaged our asylum system so badly that they allowed a massive backlog to build up, with thousands of people stuck in limbo, banned from working and contributing to society, and costing taxpayers millions.

The current asylum system is not working for anyone. It is not working for communities like mine, whose hotels are being used to house asylum seekers. It is not working for those housed in those hotels for months and years waiting for their applications to be processed, unable to get on with their lives and integrate, banned from paying their fair share by working and thereby paying tax, and too often called by their room number, rather than their name. And it certainly is not working for the taxpayer who is forking out millions to pay for this broken system.

The Liberal Democrats want a fair, effective immigration and asylum system that treats people with dignity and respect. That means scrapping the unworkable and inhumane Rwanda scheme and investing the savings in clearing the asylum backlog. That means real action against the criminal gangs profiting from human misery, but it also means tackling the root causes of the crisis, rather than just chasing headlines. Applications should be processed quickly, so that those with a right to be here can integrate and contribute, and those without the right to be here can be returned swiftly. The Bill, however, fails to provide a humane, legally sound and effective framework to achieve those goals.

One of the biggest gaps is in the area of modern slavery. The previous Government brought in the Illegal Migration Act 2023, which shamefully stripped protections from those who arrive irregularly in the UK, leaving victims at risk of further exploitation. This Bill does not reverse those measures, which exclude asylum seekers from the protections under the Modern Slavery Act 2015. Further, without access to the national referral mechanism, survivors of modern slavery are left without the support they need to rebuild their lives. Surely the Government can see that that plays right into the hands of the very criminals they claim to be fighting, by keeping victims trapped in exploitation rather than helping them to escape.

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

I just want to point out that, contrary to some of the reporting when the Bill was published, the vast majority of the clauses in the Illegal Migration Act that prevented children and others from having access to the national referral mechanism have, in fact, been repealed.

[Lisa Smart]

I thank the Minister for her intervention. It is good that the vast majority have been dealt with, and we will get into the detail of all of them in Committee.

During the passage of the Illegal Migration Act, the Liberal Democrats tabled amendments to remove those restrictions, which, had they been accepted, would have protected survivors and made it easier to bring traffickers to justice. If the Government are serious about smashing the gangs, they should commit to establishing a new single enforcement body to crack down on modern slavery in the UK, as the previous Government once promised and failed to deliver. Whether it is domestic workers, seasonal agricultural workers, or, in the case of a raid on a Stockport abattoir only last week, meat processing workers, modern slavery is happening across our country today. We look forward to scrutinising the Bill in detail, line by line, in Committee.

The Bill also continues the indefensible policy of detaining children for extended periods, a policy that undermines the UK’s commitment to child welfare and international protections for unaccompanied minors. The Liberal Democrats would end the detention of children for immigration purposes entirely and reduce detention for adults to an absolute last resort, with a strict 28-day limit.

Another shortcoming is the lack of any serious attempt to improve safe and legal routes for asylum seekers. The Government continue to restrict those routes, forcing vulnerable people to risk their lives at sea. They are cracking down on the gangs while simultaneously forcing asylum seekers into their hands. Do Government Members not see the conflict? By shutting down legal routes, the previous Government made the channel crossings crisis worse. Under this Government, the cap on safe and legal arrivals remains, limiting those who wish to travel safely to the UK to claim asylum, rather than turning to smugglers. The Liberal Democrats would take a different approach. We would expand and properly fund the UK resettlement scheme, introduce humanitarian travel permits, and widen family reunion rules to better protect children. If we truly want to tackle smuggling gangs, we must cut off their business model and that means the existence of safe and legal routes.

The Bill could and should go further to improve cross-border co-operation. Stopping the gangs that profit from human trafficking requires more collaboration with our European partners. The UK should work more closely with Europol and the French authorities to track and dismantle smuggling operations before people even reach the channel. As the Home Secretary said, this is an international crisis and it needs an international solution. The UK should be leading in Europe on this issue.

The Conservatives have long failed on immigration. They failed to stop the boats, failed to clear the asylum backlog and failed to crack down on trafficking gangs. The Bill, for all its rhetoric, has too many missed opportunities. We look forward to scrutinising it in detail. The Liberal Democrats will continue to fight for an immigration system that is fair, humane and effective.

--- Later in debate ---

[Alex Sobel (Leeds Central and Headingley) (Lab/Co-op)]

I thank the Home Secretary and the Minister for Border Security and Asylum for introducing the Bill, which undoes some of the harmful elements of the asylum system, including the measures introduced in the Illegal Migration Act and the Safety of Rwanda (Asylum and Immigration) Act. In particular, I welcome the measures to repeal child detention powers and Home Office accommodation powers over unaccompanied children.

From the Kindertransport to the many children we have welcomed into our homes from Ukraine, the Great British public really care about the welfare of children coming from war zones and fleeing persecution. We must be diligent to ensure that the Bill does not criminalise the wellbeing of children or lead to cruel measures against children fleeing persecution in their own countries. It is the people smugglers who are putting lives in danger, yet they are not the people who are trying to migrate here. Those migrating here are escaping persecution, and we must be mindful of that when we seek international and EU powers to criminalise those who are actually trafficking people.

Children are too often caught up in politics that leaves them cruelly treated, such as in 2023 when the right hon. Member for Newark (Robert Jenrick), as Immigration Minister, ordered that murals of Mickey Mouse and other cartoon characters designed to welcome child asylum seekers to a reception centre in Dover be painted over because they sent “too welcoming” a message. These are children fleeing war and persecution.

I want to draw the Minister’s attention to my concern about the new law enforcement elements of the Bill. The changes include new criminal offences of supplying or handling almost any item to be used in connection with illegal immigration, and of collecting information to be used for arranging an unauthorised journey to the UK. I will give an example. Some non-governmental organisations in border zones provide a play service to create space for refugee and asylum-seeking children to process trauma, develop key skills and make positive memories in hostile environments. That can be a lifeline for children at risk across continents. It helps mitigate some of the traumatic effects they experience and hopes to lessen the impacts of post-traumatic stress disorder.

If the new law enforcement powers criminalising the supply or handling of almost any item to be used in connection with illegal immigration do not include exemptions for toys or other items used for play, are we penalising children’s ability to play or enjoy a toy that brings them solace in the chaos of their fleeing journey? We must ensure that children and aid workers are not penalised under the Bill for supplying toys or items that bring solace to children.

[Dame Angela Eagle]

To reassure my hon. Friend, these items certainly will not include children’s toys, and nor will we be doing anything to introduce widespread powers that just apply to everybody. These are intelligence-led powers that will focus on those in the gangs doing the organising.

[Alex Sobel]

I thank the Minister for that reassurance. As the Bill progresses to Committee, it would be helpful if those items were listed among the relevant articles to give some solace to the NGOs, which have pointed out their concern to me. That would be an easy thing to add to the list already in the Bill.

To conclude, I welcome this significant step forward for children’s rights. I look forward to further strides during the Bill’s passage to find ways of bringing unaccompanied children and family reunion into the migration system once again.

--- Later in debate ---

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

There was one iota of reality and truth in the middle of that farrago of rubbish that we have just heard from the Conservative party, and I will quote it because I pricked up my ears. The hon. Member for Stockton West (Matt Vickers) said that there are “no easy solutions” to this problem. You could have fooled me, Madam Deputy Speaker! Conservative Members spent most of their last few years in office telling us that there were easy solutions and passing legislation that was so unusable and useless that they never commenced it, yet they now complain about our taking it off the statue book.

Conservative Members need to explain to the people of this country why they do not want counter-terrorism-style powers to deal with organised immigration, and why they are voting against sensible extensions of powers, which have been asked for by the National Crime Agency, our Border Security Commander and the police, to help deal with this challenge on our borders. Why are they against the Bill? Almost all of them are still trying to claim that somehow their fantasy of the Rwanda scheme actually was a deterrent, when we know that it did not work—[Interruption.] The shadow Home Secretary can chunter all he likes, but 84,000 people crossed the channel in small boats when the Rwanda scheme was in operation and on the statute book. Conservative Members started off by saying that all they had to do was talk about the Rwanda scheme and it would be a deterrent. Then it was, “Once we’ve put it on the statue book it will be a deterrent”, and now all of a sudden it is, “Oh well, it never worked because not a plane took off.”

[Gregory Stafford]

Will the Minister give way?

[Dame Angela Eagle]

No. If they were so convinced that the Rwanda scheme was going to work, why did they hold a general election a week before the first plane was due to take off?

This crucial Bill will give law enforcement new powers to combat threats to border security and evolve our response as those threats change. Before I respond, in a slightly quieter way I hope, to some of the many excellent speeches we have heard today, I remind the House of the dire legacy left to us by the Conservatives. They left a system in chaos, where asylum claims were hardly being processed. It takes some brass neck for the shadow Home Secretary to complain that the number has gone up. It has gone up because we started to process decisions, which they had stopped. [Interruption.] Yes, it has gone up because we are processing decisions. We have a system where they did not do any processing for a year, then they wonder why there are a load of people in a backlog. We had to come into government and clean up the mess. Asylum claims were hardly being processed, and we are now processing 11,000 a month. The Conservatives were down to below 2,000 a month.

Tens of thousands of people were left in limbo. Tens of thousands more were crossing the channel in small boats because they were not deterred by the Rwanda scheme. Some 84,000 people crossed while the Rwanda scheme was being pursued. The Conservatives pursued expensive and unworkable gimmicks, spending £700 million to send four volunteers to Rwanda. They allowed ruthless gangsters to operate with impunity and make a fortune exploiting desperate people. They put legislation on the statute book that was so unworkable, even they did not commence it, and now they are complaining about our having to repeal it. I like a tidy statute book; we are not going to leave the rubbish that the Conservatives put on the statute book to clutter it up.

It is time to shift the dial. That is why this Bill puts the Border Security Command on a legal footing, offering system leadership and co-ordination across borders. The Bill introduces counter-terror-style powers to disrupt and prevent organised immigration crime and the gangs from profiting from the exploitation and misery that they cause. It takes the fight to the gangs on multiple fronts, using every possible tool at our disposal.

[Mr Cleverly]

To give the Minister a breather and for the education of the House, can she refer to the particular clauses in the Bill that give the Border Security Command any ability whatever to dictate the activity of other bits of Government to that end?

[Dame Angela Eagle]

The Border Security Command co-ordinates and leads across Government; the right hon. Gentleman will want to serve on the Committee so that we can discuss this in detail. [Interruption.] I can tell the right hon. Gentleman—[Interruption.] I can tell him that the Border Security Commander is already leading across Government and making a real difference in operational co-ordination, which this Bill will put on the statute book. [Interruption.]

[Madam Deputy Speaker (Caroline Nokes)]

Order. Mr Cleverly, we have heard you shout enough times. The Minister will respond.

[Dame Angela Eagle]

We are not doing line-by-line; those on the Opposition Front Bench need to know that that happens in Committee. I have just invited the right hon. Gentleman to sit on the Committee. If he looks, he will see that the first part of the Bill deals entirely with the Border Security Commander and putting his powers on the statute book, and it makes clear that he is a systems leader who can co-ordinate properly across Government. The proof of the pudding will be in the eating.

[Mr Cleverly]

Is it clause 3(6) in part 1 of the Bill that lists the agencies that the Border Security Commander does not have authority over? If I know the Minister’s Bill better than she does, she should consider her position.

[Dame Angela Eagle]

I am too busy cleaning up the right hon. Gentleman’s mess to consider my position.

While we have been drafting the Bill, we have been busy in other places. As we know, there are no quick and easy answers to this complex problem; we finally heard that from the shadow Minister. We have therefore struck groundbreaking new agreements with key international partners, ranging from the Calais group to Italy and Germany. The Home Secretary has been to Iraq to do some important work on dealing with the gangs. [Hon. Members: “Private jets!”] Well, at least she has not taken a private jet to Rwanda. We all know that only four volunteers ever went there at huge cost, but two Home Secretaries went too. Certainly more Conservative Home Secretaries managed to go to Rwanda than asylum seekers ever did.

We are dealing with international co-operation because it is right both for returns and for co-ordination to smash international smuggling gangs and organised immigration crime that we work co-operatively with our colleagues, not only in Europe but further afield. We have also concentrated on actually enforcing the law, and illegal working visits and arrests are up 38% since we came into government. We have ramped up returns. The latest figures show that 18,987 people with no right to be here have been deported since we came into government. There is no point in having an asylum system if we do not return those people who are found to have no right to be here.

[Gregory Stafford]

I am sure that the Minister is about to get to this, so I apologise for intervening, but as I raised in my speech, we want to be very clear about how she will measure success based on the Bill. By what metric, and by when, will we be able to judge whether the Government’s policy has worked?

--- Later in debate ---

[Dame Angela Eagle]

Yes, it is certainly true that we promise to get more than four volunteers out of the country.

The Bill is not about posturing or pretending that there are easy answers to complex questions. The Bill is not about expensive gimmicks and an abject failure to deliver. The Bill is about restoring order to the chaos that we inherited from the Conservative party. It is about giving our law enforcement authorities the counter-terror-style powers that they need to dismantle the organised criminal gangs who are exploiting desperate people. It is about enforcing the law and securing our borders, and I commend it to the House.

Question put, That the amendment be made.