Border Security, Asylum and Immigration Bill

James Cleverly Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Mr James Cleverly (Braintree) (Con)]

I cannot help but think that the Home Secretary thought that border control, reducing illegal migration and stopping the boats was going to be considerably easier than it has turned out to be. She spoke with great authority and confidence ahead of the election, and yet, as the shadow Home Secretary, my right hon. Friend the Member for Croydon South (Chris Philp), has highlighted, since taking office the Labour Government have seen almost every key metric go in the wrong direction. I therefore think it is right for us to look at what is actually in the Bill—not just the tone and the rhetoric, but the detail.

What the Home Secretary says in general terms is quite welcome, but let us look at the example of the new Border Security Command. At the Dispatch Box and in the media studios, she has spoken about this new, powerful organisation that will bring a step change in the co-ordination of our national response to illegal migration, so when the Bill was published, I looked with great interest at the specific provisions for this new, powerful organisation headed by a senior former police officer and a senior former Royal Artillery officer—a wise choice of regiment—and I found myself saying, “Is that it?” Looking at the detail, we see, as my right hon. Friend set out, that this powerful new organisation will be able to write a plan, to present an annual set of accounts and then to ask nicely, but not compel, any other organisation to do its bidding. The headlines might sound great, but the detail is frankly underpowered.

This Bill removes more power from the Government than it puts on the table—as my right hon. Friend said, the ability to seize and search mobile phones already exists—so when we come to the Division later this evening, we will be making our decisions on what is actually in the Bill, not on the rhetorical cloud that surrounds it. The simple truth is that the Government had an opportunity to make something different and to be courageous, but they missed the target. This Bill is massively underpowered. It does not have the kind of game-changing clauses that the current situation demands. People on both sides of the House may disagree with the detail of the Rwanda scheme, which this Bill repeals, but it was at least an attempt to do something significant in response to a significant situation.

Ultimately, the Home Secretary will have to explain, or perhaps the Minister for Border Security and Asylum will do so in her summing up, where she envisages people being returned to if they fail in their asylum application here in the UK but their home nation is deemed unsafe to return them to—the Afghans, the Syrians and people from other parts of the world. If the Home Secretary is saying that they cannot go to their home country or to a third country, she is by definition saying that they can stay here, and that is a blank cheque for hundreds of millions of people around the world. She can be as critical of me and the Conservatives as she likes, but until she comes up with a credible alternative, her criticism is massively undermined, and this is not a credible alternative.

This is a missed opportunity. This is words but not action. This is headlines but no substance. When this Bill is passed, as it inevitably will be because the Home Secretary has a majority, but then fails to achieve what she has promised, she will find that her party is punished at the ballot box.

--- Later in debate ---

[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.]

[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.