Border Security, Asylum and Immigration Bill

Becky Gittins Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Becky Gittins (Clwyd East) (Lab)]

The Bill, which has been welcomed by the National Crime Agency and the new Border Security Commander, delivers the measures required to tackle smuggling gangs, prevent people from getting into unsafe boats, and improve our border security. It is about giving our law enforcement agencies the tools they need to tackle what have been described as “industrialised” smuggling networks.

Let us make no mistake, under the previous Government the gangs were allowed to get away with it. Instead of sitting down with law enforcement agencies and doing the hard but necessary work to strengthen our borders and disrupt that activity, the Tory Government focused on their shambolic Rwanda gimmick. Shamefully, as those gangs developed and strengthened their processes, Tory Ministers were signing £700 million cheques as part of their Rwanda plan—an unforgiveable amount of money to move just four volunteers. Not only was that a colossal waste of public funds, but all the while, the lack of focus on disrupting the criminal activity perpetrated by the gangs was leading to more dangerous crossings, with a real human cost for often very vulnerable people.

The Bill puts the Border Security Commander on a statutory footing. Having one person leading a unit with responsibility for co-ordinating the UK’s response to our border security challenges is vital. The Bill sets out the framework for how that leadership role will operate within our current policing and security landscape, and the NCA, police and immigration enforcement must all have due regard to its priorities.

We know that the gangs are constantly looking for new ways to stay in business, and law enforcement in our country needs to keep pace. The Bill contains new immigration offences for the supply or receipt of items that the person knows or suspects will be used to facilitate illegal travel. Those tough new powers draw much from existing powers under counter-terrorism legislation, and are accompanied by powers to seize mobile phones, allow for the better sharing of data, and take biometric information. That represents a step change. It means that those engaged in people smuggling will be viewed as a global security threat, in the same way as terrorists.

I believe that that is worth highlighting. The criminal gangs are putting often very vulnerable people in boats that are wholly unsuitable for such a perilous crossing. It is therefore right that our law enforcement bodies be allowed to go after those criminals with the counter-terrorism powers proposed in the Bill. That will transform our response. We will target the criminals, stop people embarking on those dangerous journeys, and keep our borders more secure as a result. The strengthening of serious crime prevention orders will ultimately make all our constituents safer. The new interim SCPOs will put severe restrictions on people involved in organised immigration crime before they are arrested, allowing us to take decisive action when we know that time is of the essence.

The previous Government threw all their efforts behind the unworkable Rwanda plan, but we finally have a Bill that considers the detail and provides practical measures that will make a tangible difference. That will not happen overnight—we know just how sophisticated the gangs are, and how long they have been allowed to thrive—but with strengthened powers we will be in a far better place to tackle them head on. We are now investing in a workable system, with no gimmicks and no grandstanding. Instead, we are doing the detail. The Bill builds on what the Government have achieved so far, including a £150 million package for a Border Security Command, unlocking new surveillance technology and funding more NCA investigators; anti-smuggling action plans with our key allies in Italy and Germany; increasing enforced returns by nearly 25% compared with the year up to the election; and, of course, utilising the hundreds of staff who were working on the Rwanda scheme. Now they are working on immigration enforcement and helping to deliver bespoke charter flights, removing immigration offenders to countries around the world. This Bill delivers on our commitment to give our enforcement agencies the power they need to protect our borders and our citizens, and it has my support today.

Border Security, Asylum and Immigration Bill (First sitting)

Becky Gittins Excerpts

Committee stage
Thursday 27th February 2025 Public Bill Committees

[The Chair]

We will squeeze in one last question.

[Becky Gittins (Clwyd East) (Lab)]

Q We heard earlier about the Rwanda Act and the IMA, and their impact on the massive escalation in the use of asylum hotels. Do you believe that it was actually our children and young people who were disadvantaged the most? You have talked a lot about not wanting to see a single child come across the channel in small boats, but we also need to focus on what is happening when the asylum hotels are unsuitable. When they are unsuitable, those young people are much more vulnerable to people outside of those asylum hotels—criminals who operate in the UK and seek to do them harm.

Dame Rachel de Souza: Absolutely. The number of tales and stories from children about how virtually the entire rest of the hotel had been picked up and driven off by gangs was really not good. They would just walk outside and be picked up, and they would go. Some of those children made their way back to Kent because they were being exploited so badly. It was really terrible. There were not proper safeguards.

One of the reasons I do not want the Home Office to accommodate children is that, while it is great at many things, it should have nothing to do with children. Children’s social care should be looking after children. The Home Office was never able to put in appropriate safeguarding. Despite its best efforts, it did not manage to structure children’s days. It did not have the personnel to deal with this.

Children were going missing regularly; some are still missing. Kids were there for months who were not learning English. What were they doing? Whereas, when they went straight into Kent’s care, they were put in school, learning English, learning what it is like to be in England, learning to understand their rights and getting used to the country they were in, but I fear that many of those children came to terrible ends—

[The Chair]

Order. I am afraid that brings us to the end of the time allocated and allotted for the Committee to ask questions. I thank the witness for her evidence.

Border Security, Asylum and Immigration Bill (Second sitting)

Becky Gittins Excerpts

Committee stage
Thursday 27th February 2025 Public Bill Committees

[Katie Lam (Weald of Kent) (Con)]

Q We have heard today about clauses 13(3) and 14(4) exempting NGOs from criminal charges for helping asylum seekers to cross the channel. What do you think of those?

Karl Williams: If we are talking about what deterrence we might need or what pull factors there are, having charities that in some circumstances are facilitating people crossing the channel is clearly an extra pull factor—probably a small one in the grand scheme of things, but it is there. I am thinking about organisations such as Care4Calais, which provide, for example, phone-charging services to migrants who are waiting in the sand dunes and the camps around the beaches where the crossings are made. They can recharge their phones; they are therefore in contact with the smuggling gangs. I think that there is a hole in the system that needs to be closed, and I do not think that this Bill does it.

Tony Smith: There are charities and charities. Some charities are not in any way involved in facilitation; it is a pure “care in the community” exercise or function in Calais. But I think other charities are a little bit more mischievous: they might be helping people with what to say when you are near the border, how to present your asylum claim, and how to get to a beach that might not be patrolled. I would like to see more work done on that.

[Becky Gittins (Clwyd East) (Lab)]

Q Thank you to the panel for your spirited contributions so far. We know that the processing of asylum claims ground to a halt under the previous Government, which was due in part to the Rwanda scheme and to the Illegal Migration Act 2023—that being the route through which, other than the four who went to Rwanda, people were either granted asylum or returned to the country from which they came. We also know about the impact on our communities of the asylum system grinding to a halt; about the massive influx of people being placed, for indefinite periods, in asylum hotels; and about the impact that that had on our local authorities and their ability to provide services to the rest of our communities.

Given that the Bill clearly provides a deterrent to smugglers, to the people-smuggling business and to the criminal gangs in the channel by disrupting their activity, and by making it a greater expense, why do you still think it is a mistake—I think two or three of you said it outright, but you all seem broadly supportive of the Rwanda scheme—to be repealing those Acts with the Bill?

Tony Smith: There is the Nationality and Borders Act 2022, and there is the Illegal Migration Act 2023. I said earlier that I was not a great fan of the IMA, for the very reasons that you have stated: it brought in the ban too early, and people were being banned from re-entering this country before we had even removed them. That was impacting on port cases. It was a hugely difficult time, because that law put all of the eggs in the Rwanda basket. As you say, that left increasing numbers of boat people being served with a notice that they were going to Rwanda, when they were never going to go to Rwanda; they were going into the system that you described. I do not think that that was a very good idea. If we had put the IMA to one side, with the duty to remove, we could have stuck with NABA.

Then we had SORA, the Safety of Rwanda (Asylum and Immigration) Act, which would have turbocharged NABA. It would have given you a triage option: either to accept people into the asylum system quickly and process them, as you are doing now, or—for others, where you wanted to make a point that it is not okay to come across in a small boat and get to stay in the UK—to send some of them to Rwanda. That is what we could have done under NABA and SORA, and my view is that the IMA disrupted that.

Karl Williams: I suppose the asylum backlog of inadmissible people is a function of the disjunction whereby different parts of the legislation are being implemented at different speeds. Obviously the intention at the beginning was that we would have the flights going off in January or February 2023. When the ECHR injunction stopped the first flight, that derailed it. You could conceivably have had a situation in which a combination of some offshoring and the deterrent effect of that meant that the backlog of inadmissible cases did not grow. The fact that Rwanda was stalled in the courts for a couple of years, and then just did not happen at all, meant that that amount was inevitably going to increase. That was then locked in.

Border Security, Asylum and Immigration Bill (Third sitting)

Becky Gittins Excerpts

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Matt Vickers]

Clause 3 sets out the functions of the Border Security Commander. The shadow Home Secretary, the right hon. Member for Croydon South (Chris Philp), correctly pointed out on Second Reading that the new Border Security Commander

“cannot actually command anything. There are no powers at all in the Bill, merely functions. They include, in clause 3, publishing a strategic priority document and, in clause 4, a duty to prepare an annual report…the Border Security Commander has no clear powers, merely an ability to publish documents and reports.”—[Official Report, 10 February 2025; Vol. 762, c. 69.]

According to the legislation, the functions of the commander

“must have regard to the objectives of…maximising the effectiveness of the activities of partner authorities relating to threats to border security, for the purpose of minimising such threats, and…maximising the coordination of those activities for that purpose.”

That sounds suspiciously like a co-ordinator, rather than a commander. That is exactly what the legislation states: the commander does not appear to be empowered by the Bill to command anyone.

Subsection (5) defines a partner authority as a

“public authority with functions in relation to threats to border security (whether exercisable in the United Kingdom or elsewhere)”,

but—in subsection (6)—

“not…the Security Service…the Secret Intelligence Service”

or “GCHQ”.

Will the Minister confirm what is meant by partner authorities? Does she have a list of likely organisations that the Border Security Commander should be able to direct co-operation with? How far does she think that the Border Security Commander will be able to have an impact on public authorities abroad? For example, what role might French law enforcement be expected to play in having regard to the commander’s strategic priority document?

The Opposition have tabled amendment 13, which would enable the Home Secretary to direct other agencies to support the Border Security Commander’s objectives and strategic priorities, specifically Border Force, Immigration Enforcement, police and crime commissioners and the National Crime Agency. Ideally, we would like the Border Security Commander to have a meaningful role and the ability to direct other agencies. As the Government seem unwilling to do that, however, we thought it might be possible for the Home Secretary to give the Border Security Commander a little support.

If the Minister does not want to accept amendment 13, I would like to understand why not. Why do the Government seem willing to allow the commander only to co-ordinate, rather than to command? Why could the Home Secretary not add some additional impetus?

The clause requires the Border Security Commander to issue a strategic priority document that sets out the principal threats to border security when the document is issued, and the strategic priorities to which partner authorities should have regard in exercising their functions in relation to any of the threats to the border identified by the commander. We have tabled amendment 12 to ensure that the strategic priority document supports the Home Office’s UK border strategy. We are attempting to ensure that the Border Security Commander is aligned with the rest of the Home Office’s work to secure the border. I am interested to understand why the Minister is not willing to accept that amendment.

[Becky Gittins (Clwyd East) (Lab)]

It is a privilege to serve under your chairship, Dr Murrison. Given the representations made by the hon. Members for Stockton West and for Weald of Kent, something seems strange and I would appreciate an explanation. The hon. Member for Stockton West is speaking to amendment 12 and the necessity of supporting the Home Office’s UK border strategy. Given the hon. Member’s comments about the Border Security Commander having a role within the civil service, why does he want the commander to adhere to the Home Office’s UK border strategy, which is headed up by a director general who is a civil servant?

[Matt Vickers]

If we are to have such a position, we want it to be effective and have the relevant powers, but we also want it to be aligned with the other priorities of the Home Office and the work going on there. I think that is clear.

Amendment 11 would remove the requirement for the Border Security Commander to obtain the consent of the Secretary of State before issuing the strategic priority document. We would like to understand the operational benefits of the Secretary of State having to sign off the strategic priority document, which again highlights the lack of a meaningful role for the Border Security Commander. Although the strategic policy document should set out what are, in the commander’s view, the principal threats to border security and the strategic priorities to which partner authorities should have regard, in reality the document is a diktat from the Secretary of State about the Secretary of State’s views, and that arguably exposes a lack of influence and gravitas in the Border Security Commander’s role.

Allowing the commander to issue a strategic priority document without seeking prior permission from the Secretary of State would provide a welcome level of independence for the role. The oversight and consultation of the board would ensure confidence in the Border Security Commander’s ability to take all necessary steps to stop the crossings. There may be occasions when the commander believes it is necessary to act swiftly and to implement changes without delay. Removing the requirement to have ministerial consent would allow them to act decisively. That approach, I am sure, could subsequently be supported by the Secretary of State.

--- Later in debate ---

[Matt Vickers]

I think, in the last week, we have found that the only thing that this Government are relying on is the weather, but I will carry on. I am sure we will come back to all these things in due course; it is good to be discussing them here instead of on a news channel somewhere.

As the Government are repealing the Illegal Migration Act 2023 and the Safety of Rwanda (Asylum and Immigration) Act 2024 with this Bill, we want to make sure that the Border Security Commander is empowered to ensure that all relevant agencies are working towards taking timely decisions on any claims by illegal immigrants, and removing those who enter the UK illegally.

[Becky Gittins]

I applaud the hon. Gentleman’s comments about a timely turnaround in the processing of asylum claims—something that really concerns Government Members with regard to the IMA and the Rwanda Act. Could he tell me what proportion of asylum claims under the previous Government were processed within the six-month period stipulated in this new clause?

[Matt Vickers]

I could not, but I could tell the hon. Lady that the backlog is even bigger now than it was when this Government took office.

If the Government were serious about tackling illegal crossings and creating an effective deterrent, they would support new clause 21. We also want to make sure that the Border Security Commander is transparent with the public about how best to stop illegal and dangerous channel crossings, which is why this new clause includes a requirement for the commander to make an assessment of the most effective methods for deterring illegal entry into the UK, the most effective methods for reducing the number of sea crossings made by individuals without leave to enter the UK, and the most effective methods for arranging the removal, to the person’s own country or a safe third country, of a person who enters the UK illegally. Again, if the Government were serious about protecting borders, they would support the new clause.

Clause 9 specifies that the Border Security Commander must

“comply with directions given by the Secretary of State about the exercise of the Commander’s functions under this Chapter.”

Can the Minister explain what sort of guidance the Secretary of State is likely to want to give the commander? Can she explain how the Secretary of State wishes to exercise the powers in the clause?

The SNP’s amendment 1 would confirm that the commander must have full regard to the Human Rights Act and the Council of Europe convention on action against trafficking in human beings. Given that the commander’s role, as drafted by the Government, includes no real power or responsibility, I am not sure what that amendment would actually achieve.

Border Security, Asylum and Immigration Bill (Fourth sitting)

Becky Gittins Excerpts

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Pete Wishart]

Rather lengthy interventions are a feature of this Committee, but I am happy to go with that if everyone else is. The hon. Gentleman is right to refer to the National Crime Agency. I listened carefully to what Mr Jones had to say to the Committee, and I have no doubt about his intention. I do not think he really wants to ensnare asylum seekers; I do not think that is his focus. But he has these two badly drafted and broadly defined clauses as the net that will scoop everything up. As the hon. Member for Edinburgh East and Musselburgh said, everybody will be in that net, and it will be a matter of trying to sieve them.

Why not start with the presumption that we will go for the gangs exclusively and leave aside those who come our shores to apply legitimately for asylum in the United Kingdom? Let us not waste time criminalising such people. The main problem, as I have said, is that the clauses are so broad in scope. They are not just a fishing net; they are a trawling net, trying to lift out everybody who comes across the channel.

The clauses cover not only direct acts of people smuggling, but incidental activities that may not involve any criminal intent. In combination with other clauses, they would make it a crime to supply or receive almost any item that one suspects could be used to facilitate illegal travel to the UK. The proposed legislation criminalises collecting or even viewing information that could be useful in making irregular journeys, if there is reasonable suspicion that it could assist others in migration. Although the Government couch a lot of this in humanitarian language, the provisions will not prevent deaths and harm at sea. Instead, they will criminalise people on the move who have no alternative route to the UK.

Let us look at the provisions in a little bit more detail. Supplying, offering to supply and handling articles for use in immigration crime will now get someone a maximum sentence of 14 years’ imprisonment. Although there are some limited humanitarian exemptions—for example, offering food and drink—the provisions considerably broaden the potential prosecution of migrant assistance and support. Importantly, with all the proposed new offences, there appears to be no explicit defence for those who are on the move.

Then there are the provisions about collecting information for use in immigration crime. Such information includes arranging departure points, dates and times; in other words, information that it would be necessary to gather if someone attempted to make such a journey themselves. The Bill makes it clear that evidence could include someone’s internet history and downloads. The Government contest this, but even looking up a weather map could put someone on the foul side of these clauses. I expect the Government will tell me, “No, of course that won’t happen,” but nothing in the clauses that we are debating states that that activity is exempt.

[Becky Gittins (Clwyd East) (Lab)]

It is a privilege to serve under your chairship, Mr Stuart. Did the hon. Member feel that the Crown Prosecution Service gave that assurance at our evidence session last week? The witness categorically stated that such circumstances would not pass the criminal test or the public interest test. Does the hon. Member think it is important that we do not make such inferences when we discuss the Bill, so that we can see clearly how our criminal justice system applies these things?

[Pete Wishart]

That is a helpful and useful intervention, and the hon. Lady is right that the CPS did say that. I listened again very carefully to what was said, because concerns about these provisions have been raised repeatedly. I am sure that the CPS is serious about that, but I challenge the hon. Lady to look at the provisions and tell me how such a scenario could not be caught. The Bill is badly drafted because it provides the conditions to allow such a perception to develop. I know the Government do not want to arrest people who are looking at weather maps. I am certain that is not their intention at all, but when we examine the Bill we can see that it will allow that very thing to happen.

The Minister refers to the provision in section 25 of the Illegal Immigration Act 1972 or 1973—

Border Security, Asylum and Immigration Bill (Fifth sitting)

Becky Gittins Excerpts

Committee stage
Thursday 6th March 2025 Public Bill Committees

[Tom Hayes]

I thank my hon. Friend for his point; I agree with him.

I want to continue to dwell on the question of children’s social care. It is this Government who have been backing children’s social care to look after unaccompanied children—something so important in the eyes of the Children’s Commissioner. It is we who are seeking to protect children when they make their desperate crossings and when they are here in the UK. It is no surprise that this Government is doing the same in other areas, such as the Children’s Wellbeing and Schools Bill in this parliamentary Session, which establishes child registers to track children not at school, strengthens multi-agency safeguarding arrangements and assigns a unique identifier for each child. I say that because children’s protection is absolutely critical.

If the Conservative party, in tabling its amendment, were serious about protecting endangered life and tackling the criminal gangs that threaten children’s safety and undermine our border security, why did it do so little during its time in office and why did it not vote for the Bill? It proposed an amendment with the express intention of killing the Bill—as we saw in the Chamber, its Whips were begging Reform MPs to back the amendment that would have killed it off. I saw that with my own eyes.

This Government have increased deportations, returns and removals, which are at the highest rate for six years. We are cutting the cost of the asylum system. I beg the Conservative party and its allies in Reform to get serious about protecting our borders and protecting children and to stop blocking progress.

[Becky Gittins (Clwyd East) (Lab)]

I have some comments on the amendments. I will start with amendment 5, tabled by the hon. Member for Perth and Kinross-shire. I have watched the first episode of “The Chief”, which I enjoyed and gave me some insights into the outlook—perhaps even the ambitions—of the hon. Gentleman, which were very much to my liking. Although I have enjoyed lots of the contributions you have made with such huge passion, and indeed compassion for the people you refer to, my concern is about the unintended consequences of your amendment.

[The Chair]

Order. Please use “he”.

[Becky Gittins]

Sorry, Mr Stuart. I am concerned that the hon. Gentleman’s proposal to exclude asylum seekers from prosecution opens up a situation in which someone who has come here as an asylum seeker, and then seeks to engage in illegal activity to assist more illegal channel crossings, would be exempt from prosecution. That would undermine a lot of what many of us are trying to do. My concern is not with the intention of the amendment, which is incredibly clear, but its application, which would go against a lot of the things we are aiming to achieve.

When he moved his amendment 17, the hon. Member for Stockton West did not give a definition of an unseaworthy vessel. This is potentially another area where, despite the rhetoric—which I understand to be about appearing tougher on gangs and people who attempt to make and to assist illegal crossings—the Opposition may actually have introduced an amendment to dilute the Bill.

The amendment ties criminality to the seaworthiness of a vessel. Members on both sides of the Committee have talked about the ability of these gangs: they are fast-paced and cunning, and they move with the times. The Committee heard from witnesses that the gangs regularly change tack to keep up with and get around legislation. That is why the measures we are taking are needed. There is no legal definition of a seaworthy vessel, only that, “A seaworthy vessel is a type of boat or ship that is strong enough to handle the normal stresses of being on the water, such as waves and wind. It is also capable of carrying cargo or passengers safely.” It is about not only the use of the ship, but the conditions.

Amendment 17 proposes a reasonableness test for a vessel to be deemed unseaworthy. That could include things such as having safety equipment onboard, or having qualified crew—although we have perceptions about who the people smugglers are, it is reasonable to think that some of them could have a background on the sea, as fishermen or as people who have transported cargo, so their boats could potentially have safety equipment and a qualified crew onboard. Some of the things that could be used to deem a ship seaworthy include how many crew members there are on board, which—as we have discussed in this sitting—varies, as do the provisions on the boat, such as food, water and safety equipment, and the weather and sea conditions on the day of travel.

I would welcome clarification from the hon. Member on his particular definition of seaworthiness. I understand the narrative of trying to appear tough on this issue, my grave concern and opposition to the amendment comes from the fact that it would dilute the opportunity to be tough on those criminal gangs.

--- Later in debate ---

[Pete Wishart]

It must be how I am presenting this but, again, I am not being understood. I am sorry that I have not explained the intention clearly enough, but I have no intention of that scenario happening. [Interruption.] Can I say to the hon. Gentleman—and to the Whip, the hon. Member for Inverclyde and Renfrewshire West, who is trying to intervene from a sedentary position—that existing offences are in place to deal with the activity being described. I have cited the example of Ibrahima Bah, who was done for gross negligence manslaughter. Where that happens, of course people should face the full force of the law. And that happens, because we have existing laws in place.

I listened very carefully to the Minister’s description of the new types of activity that she feels clause 18 is necessary to address, but those activities have to be specified and defined. If she moved new clauses to address such activity, I am sure she would get a fair hearing—she would get a fair hearing from me—but, because clause 18 is so broad, other behaviour and activity will inadvertently be drawn into these offences. People who are possibly acting in self-protection, or who are trying to save people but inadvertently put others at risk, will be caught by this clause.

We need to apply common sense to what the Minister is trying to do, and we need to make sure common sense is reflected in the Bill because, at this stage, it is not.

[Becky Gittins]

I just want to tease out what the hon. Gentleman has said. Does he accept that, if this amendment passed, gang members facilitating crossings on small boats would escape prosecution?

[Pete Wishart]

Absolutely not. Again, I must be having great difficulty getting through, and I accept that that is my responsibility, but that is not what is intended in the least. A variety of laws deal with the activity that the Minister mentioned. We know that because 244 people were charged in the course of 2023, and since the Labour Government came to power, something like 86 people have been charged with offences. People are being charged and prosecuted for serious offences.

The Minister has identified new dangerous activity, and she is right to do so, but if we want legislation to deal with it, bring that legislation before the House. Do not bring in this broad-sweep legislation, under which natural, normal activity that may be designed to help and protect people could be caught up. The difficulty with this legislation is that it inadvertently draws in people who do not deserve to be. I know it is about targeting the pilots in the boats, but there has to be some recognition of what forces and coerces people into piloting the boats. There needs to be an understanding of their situation and why they are doing that, but the clause fails to take account of any of that.

Border Security, Asylum and Immigration Bill (Sixth sitting)

Becky Gittins Excerpts

Committee stage
Thursday 6th March 2025 Public Bill Committees

[Dame Angela Eagle]

I thank the hon. Lady for speaking to new clause 23. As she said, it seeks to disapply the protections afforded by the UK GDPR regulations to people who have entered illegally or who are foreign criminals. I think that would massively complicate data protection legislation, given that we would always have to keep an eye on who is a foreign national criminal or an immigration offender, over time as well as in the moment. That could make it harder to apply some of the data-sharing rules.

We believe that with the protections in clauses 27 to 29, we can get and share the information that we need to share, to its greatest effect, while protecting people from unlawful disclosure, without complicating things further by trying to check whether somebody is a foreign national offender or has entered the country illegally.

We have a strong history of maintaining high data protection standards. The legislation permits the use of personal data for legitimate purposes, such as immigration control, while giving the public the reassurance that such use will be subject to proportionate safeguards. Our approach will be to rely on the proportionate safeguards, rather than to disapply the entirety of data protection laws to certain groups of people who happen to be in our society at the moment. The proportionality test, with the focus on organised immigration crime, is important.

[Becky Gittins (Clwyd East) (Lab)]

Does the Minister agree that the lesson learned from the previous Government, with the blanket application of some seizure powers under the Illegal Migration Act being so complicated that they were not actually enforced properly—as we learned from one of our witnesses—is a cautionary tale illustrating why new clause 23 should be rejected?

[Dame Angela Eagle]

It is certainly a good idea to create legislation that can actually be commenced. Otherwise, we are just all having a fun time in Committee— I can see everyone agreeing with me—and not affecting the statute book, making it easier to do what must be done or enabling the law to help with that rather than having a gigantic problem. As a Minister, I am certainly in favour of enacting laws that we can commence, and I hope that we will be able to commence large parts of the Bill as soon as it has made its proper progress through both Houses.

The UK has a long history of maintaining high data protection standards. Complicating them by trying to disapply them for certain individuals who are in our society whether we want them to be or not implies that we would have to keep very up-to-date, regular records of every single person in the country to check their status. That sounds like ongoing identity checks across the whole population, and that is easier said than done. It is not Government policy, and I did not think it was Opposition policy either. Although the new clause is well meaning, it is a complication rather than an assistance.

Where the exercise of data subject rights, such as the right to seek access to personal data, could undermine the tasks, appropriate exemptions can be applied on a case-by-case basis. Disapplying data protection rules in a blanket fashion for certain groups is unnecessary and could disadvantage some of the most vulnerable people in society, such as victims of trafficking. On that basis, I hope that the hon. Member for Weald of Kent will not press new clause 23, with the reassurance that we think that these clauses give us the power to use big data and big data analytics in a way that is in keeping with data protection laws, the GDPR and the ECHR.

Border Security, Asylum and Immigration Bill (Seventh sitting)

Becky Gittins Excerpts

Committee stage
Tuesday 11th March 2025 Public Bill Committees

[Katie Lam]

But they do not. There will always be people who come to this country illegally from dangerous places. They are human beings responding to obvious incentives. Could the Minister please tell us which of the four options she thinks is the right one? Is it sending someone back to a dangerous country, which will entail a change in the law and probably leaving the European convention on human rights? Is it holding someone in immigration detention indefinitely, which has the same conditions? Is it allowing people to stay here, or is it sending them to a third country?

[Becky Gittins (Clwyd East) (Lab)]

It is a pleasure, once again, to serve under your chairpersonship, Mr Stuart. I was disappointed but not surprised to hear that the official Opposition want to keep the Safety of Rwanda Act on the statue books. I was disappointed for a number of reasons, which I will set out shortly, but I was not surprised. I have seen the way in which the Tories continue to position and conduct themselves on immigration policy. It is clear to me that they simply refuse to learn the lessons of the last 12 months. The public saw right through their Rwanda plan. They could see it for exactly what it was: a gimmick that was both unworkable and unaffordable.

Before today, I thought I would familiarise myself with the Report stage and the Third Reading of the Safety of Rwanda (Asylum and Immigration) Act 2024. At the time, a good number of Committee members, including me, had yet to be elected, but reading the debates really brings home the sense of chaos that had engulfed the Conservative party at the time. The then shadow Home Secretary, now Home Secretary, summed it up:

“What a farce…We have a Prime Minister with no grip, while the British taxpayer is continually forced to pay the price. Former Tory Cabinet Ministers and deputy chairs from all sides have been queueing up to tell us it is a bad Bill. They say it will not work, it will not protect our borders, it will not comply with international law and it is fatally flawed.”—[Official Report, 17 January 2024; Vol. 743, c. 966.]

A previous Attorney General, the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright), stated that

“to arrogate to oneself the right to declare one’s own compliance with international law runs the risk of, first, other states finding comfort in our example and, secondly, undermining our own messages in other situations. That makes this not just bad law, but bad foreign policy.”—[Official Report, 17 January 2024; Vol. 743, c. 855.]

This is an example of utter chaos. The Law Society, in welcoming the repeal of the Rwanda Act, said in its evidence to this Committee that the Act

“set a dangerous legal and constitutional precedent by legislating to overturn an evidence-based finding of fact by UK courts that Rwanda is an unsafe country to send asylum seekers to.”

However, the measure made it on to the statute book. The Rwanda plan ran for two years and, as we know and have heard several times this morning, a grand total of four volunteers were sent to Rwanda at the not insubstantial cost of £700 million to the UK taxpayer—quite a remarkable feat.

While hundreds of millions of taxpayer pounds were sent to Rwanda, the legislation’s effect was felt in the UK. As a result of the fantastical Rwanda plan, huge backlogs of asylum claims were building, with tens of thousands of people in hotels unable to leave because of the design of the Illegal Migration Act. We know that the use of hotels does not represent value for money and we are moving away from it. When it comes to the idea of the Rwanda policy being a deterrent, from its inception to the announcement it was to be scrapped, 84,000 people crossed the channel in small boats. It is always difficult to measure a deterrent’s effectiveness, but that is a pretty clear indicator that a deterrent it was not.

Border Security, Asylum and Immigration Bill (Tenth sitting)

Becky Gittins Excerpts

Committee stage
Thursday 13th March 2025 Public Bill Committees

[Katie Lam]

In the light of the comments that Government Members have made on other provisions in the Bill, these new clauses seem to us completely unnecessary. Exactly as my hon. Friend just said, they do not seem to us appropriate for primary legislation and seem more likely to constrain rather than empower the Home Secretary and Ministers in their difficult job of securing the border.

[Becky Gittins (Clwyd East) (Lab)]

It is a pleasure to serve under your chairship, Dame Siobhain. I will keep my comments brief.

I read the new clauses from the hon. Member for Woking with interest. I understand the important point that has been raised—I think by hon. Members on both sides—about the importance of working internationally on this issue. I suppose my question to him would be: does he not think that an international outlook in tackling the issues that we have here, which is the sole purpose of the Bill, has already been exercised? In December last year, we agreed the Calais Group priority plan with our near neighbours and the joint action plan on migration with Germany. In November last year, we had the landmark security agreement with Iraq, and we also have a well-established relationship with our counterparts in France to work closely to prevent the dangerous crossings and reduce the risk to life at sea.

We have talked a lot about cause and effect, and I can really see the intention behind the new clauses. However, I question their necessity, as well as some of the suggestions made about the intention of the Government, who have really shown a pragmatic outlook about how we deter those crossings.

Border Security, Asylum and Immigration Bill (Eleventh sitting)

Becky Gittins Excerpts

Committee stage
Tuesday 18th March 2025 Public Bill Committees

[Becky Gittins (Clwyd East) (Lab)]

It is a privilege to serve under your chairpersonship, Dr Murrison. Given that the hon. Gentleman’s concern is about children, we should recall the evidence session in which we heard the Children’s Commissioner’s concern that spending extended periods of time in asylum hotels leaves unaccompanied asylum-seeking children vulnerable to organised crime, notwithstanding the mix of ages in those hotels. Why does he still stand by the Illegal Migration Act and the Safety of Rwanda (Asylum and Immigration) Act 2024, when they are part of the reason why those children were in asylum hotels for so long?

[Matt Vickers]

I will stick to the new clause and the age assessments. This is a tool. It would not be used unabated. It is another tool that our agencies could use alongside whatever other assessments they might make. We would be giving them the opportunity to require people to undergo an assessment, and that is a good thing. That is why the rest of Europe is doing it. The agencies and experts—the professionals on the frontline dealing with these very troubling, difficult cases—should have all the tools they could possibly require to handle them. I see no reason why we would prevent them from doing so.

--- Later in debate ---

[Tom Hayes]

I thank the hon. Member for Weald of Kent for raising the absolutely horrific and awful circumstances involving Thomas Roberts, who would have been my constituent and whose mother, Dolores, is my constituent. She is racked by grief and unable to sleep at night. Her health has worsened because, as she said to the Minister and me last night in the Minister’s office, with her son being murdered, she feels that half of her whole life has completely disappeared.

I do not want to name the murderer in this debate; I name Thomas Roberts, the victim. I want to talk briefly, with your permission, Dr Murrison, about Thomas Roberts, because it is important for the Committee to know who he was. It is important for Dolores, so racked with grief, to know that her MP and the Committee are focused on what happened.

Thomas was 21 years of age when he died on 12 March 2022 in Bournemouth town centre, the victim of a stabbing by an asylum seeker. His mum has told me several times, and she told me again with the Minister last night, that Thomas was known by everyone and, when his mother wanted to go into town, to Littledown or to other parts of the constituency, he would say no, because he was so well known and he did not want to be seen by his friends out with his mum.

Thomas was an aspiring Royal Marine and, in order to become one, he was in the Sea Scouts. He was physically fit—so fit, in fact, that he would actually bench press his mum and his brother. Dolores told me that the passing of his driving test on the first go was one of her proudest moments. It is one of the things that she remembers so fondly and so closely now, as she comes to terms with her grief.

Thomas was also an aspiring drum and bass DJ, and by all accounts a very good one, who was up and coming on the south coast. If he had not made it as a Royal Marine—there was every certainty that he would—he could easily have taken up a drum and bass DJ career. He was a member of the Christchurch boxing club. He was active in his community, and deeply loving and caring about his family.

Thomas lost his life—or rather, his life was taken from him—because an asylum seeker was in our country. That begs the question: why was that person in our country? Why were they able to wield the knife that cut short Thomas Roberts’s life, and that took away all the hopes and ambitions that his mother had for him? It is because we did not have access to the necessary database to track criminality and find out more about who the asylum seeker actually was. I am deeply sad that Thomas is not with his mum, in his community, or with his friends who loved him so much, because the last Government broke our asylum and immigration system, and created the conditions for that tragic killing and other tragic killings that have happened in our country.

Scientific age assessment, as the hon. Member for Weald of Kent said, is not a magic wand; it is imprecise, as we heard from the Royal College of Paediatrics and Child Health. We know what works, and that having a functioning asylum and immigration system will make all the difference. I just wish we had had that on 12 March 2022 when Thomas was denied his life opportunities because of the breakages in that system.

I thank the Minister for meeting Dolores yesterday—I know that that provided her with much-needed comfort and clarity. I am absolutely confident that the Bill and its measures will make the difference that is so needed to protect our society. I also note the contribution of Councillor Joe Salmon of Bournemouth, Christchurch and Poole council, who has been such a support to Dolores and her wider community, because she will be grieving for a very long time. It is incumbent on all of us in public service to speak the truth, look at the facts and bring forward the measures that will make the biggest difference.

If I may, I will return to the question of scientific age assessments. I referred to the concerns of the Royal College of Paediatrics and Child Health and of experts, but I now refer to the House of Lords debate on 27 November 2023, which is worth a read if Opposition Members have not had a chance. It goes into significant detail and depth about the concerns that I had about that as a possible policy at that stage of its development.

The Minister has been clear that scientific age assessments are not off the table; there just needs to be certainty that they are an effective tool. To avoid any further deaths and injustices, we need to have the right tools to protect the people of this country, secure and protect our borders, and make sure that we are truly able to restore confidence and trust in this system and in our ability to manage who comes into our country and who stays here.

[Becky Gittins]

I thank my hon. Friend the Member for Bournemouth East and the hon. Member for Weald of Kent for playing a respectful part in quite a heated discussion, which has done honour to Dolores and her family at an incredibly difficult time. It is really poignant that such case studies are discussed in these debates; they show what can happen on the limited and rare occasions that things go incredibly wrong with such systems. It is worthwhile that we have these discussions.

I must say that I was disappointed by Opposition Members’ contributions in support of the new clause, however, because although they successfully focused on occasions where things have gone wrong, they were limited on detail. I was also disappointed by their inability to answer the question of my hon. Friend the Member for Edinburgh East and Musselburgh. We need that detail, and we need to understand how that would be different from the tools in the Home Office’s arsenal during the 14 years of their Government.