Border Security, Asylum and Immigration Bill

Jim Shannon Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Mike Tapp (Dover and Deal) (Lab)]

The British people are firm, but they are fair. They believe in order. They believe in justice. They know that security and decency are not rivals; they are partners. Those are the values that built our country, and they must be the values that shape our future, but for too long we have seen those values undermined. The promise of secure borders became a false hope. The system buckled under failure. Where there is failure, there are some who seek to divide us: to turn neighbour against neighbour and to fuel fear instead of fixing problems. They wrap themselves in our great flag, yet they offer nothing but empty slogans and false patriotism.

Border security is not a game. It is not a slogan. It is a fundamental duty of any serious Government. For years, the British people were promised control; instead, they got failure. We inherited open borders. Small boat crossings skyrocketed from just a few hundred in 2018 to 150,000 since. The last Government talked tough but were paralysed by their own failure. Under Labour, that ends.

In just six months, the Government have already taken decisive action. We have set up the Border Security Command and we have fixed and strengthened important international alliances. Nearly 4,000 illegal workers have been arrested since we came into government. Vitally, we have deported 16,400 people who have no right to be here—that is more in six months than the last Government managed in an entire year. The British people were told that this could not be done, but we are proving otherwise.

Today, we take another crucial step with this important Bill. The smuggling gangs are not petty criminals or opportunists; they are predators, and they make a mockery of our borders. We promised the British people that we would treat them like the national security threat they are, and that is exactly what the Bill does.

We do not wait for terrorists to carry out their plans before we act. We disrupt them, we intercept them and we take them down before they can do harm. We hit their networks, seize their assets and cut off their ability to operate. The Bill gives us the power to do the same against the smuggling gangs, to stop those vile criminals before they reach our shores. It allows us to use intelligence to take action, just as we do with terrorists. When our security services, police and the Border Security Command know what those criminals are doing, under the Bill they can act immediately, not sit back and wait for another overloaded boat to capsize in our channel.

[Jim Shannon (Strangford) (DUP)]

I kindly say to the hon. Gentleman—he will know that that is my form when I ask questions—that there is a serious problem with the border between Northern Ireland and the Republic, with people coming in through the Republic, into Northern Ireland and across to the mainland. What are the Minister and the Government doing to address that issue for us in Northern Ireland and the whole of the United Kingdom?

[Mike Tapp]

My understanding from the Minister earlier was that the Bill would work across all borders coming into the United Kingdom—I am sure that will be clarified later.

The Bill removes the loopholes that have allowed criminals to exploit our system. Smuggling is an industry, and we are dismantling it boat by boat, gang by gang. The British people know that an asylum and immigration system only works if it is properly enforced. They know that border security is not about hostility; it is about order and rules. They know that we must not allow criminals to decide who comes into this country. There is no silver bullet, but this Government are taking that control back. We will be firm, because the British people demand it; we will be fair, because that is who we are; and we will be decent, because strength without decency is weakness. Division is easy. It takes moral courage to lead with decency and strength. We are delivering security, and we play the ball, not the player. The Bill will help turn the page on failure, restore order to our borders and protect the country we serve.

Border Security, Asylum and Immigration Bill

Jim Shannon Excerpts

Report stage
Monday 12th May 2025 Commons Chamber

[Dame Angela Eagle]

Before I speak about the key Government amendments tabled on Report, I would like to recall why the Government have brought forward the Bill. We are working to take the necessary actions to secure our borders, bring order to the chaotic immigration and asylum system we inherited, and go after the dangerous criminal gangs that undermine our border security. This legislation is part of that plan for change.

For six years, the organised gangs behind small boat crossings have been allowed to take hold, so we are strengthening international partnerships, enhancing enforcement operations nationally and internationally, and equipping ourselves with the tools we need to identify, disrupt and dismantle criminal gangs, while strengthening the security of our borders. The organised immigration crime summit hosted by the Government in London last month mobilised over 40 countries and organisations to launch an unprecedented global fight against the ruthless people-smuggling gangs. The new landmark measures in the Bill will provide law enforcement agencies working across the border security system with stronger powers to pursue, disrupt and deter organised immigration crime.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for giving way. I have asked questions in this Chamber—to be fair to the Minister, she has answered in a positive fashion—on border security in Northern Ireland; people can come from the Republic of Ireland into Northern Ireland and can then cross into the UK. It is so important that the border between the Republic of Ireland and Northern Ireland is closed. What in-depth discussions have taken place between the Garda Síochána, the Police Service of Northern Ireland and the security forces to ensure that that avenue of illegal immigration is closed for good?

[Dame Angela Eagle]

As I have before, I can assure the hon. Gentleman that the border security force in this country works very closely with the PSNI and the Garda Síochána to deal with all potential threats in the common travel area. I assure him that we keep a very close eye on what is going on there to ensure that the hon. Gentleman’s worries are properly addressed.

The Bill strengthens the immigration and asylum system. We are repealing the costly and unworkable legislation introduced by the previous Government, and are introducing new provisions to address shortcomings, tackle harm, and build a more efficient and robust system. The Bill is about making changes to enable a properly functioning immigration and asylum system that ensures that those with a genuine right to be here are properly supported, while those who have no legal right to remain in the UK do not abuse the system and undermine the protections the UK has a history of providing for those in need.

--- Later in debate ---

[Dame Angela Eagle]

I am sorry, but I need to get on, because we do not have a lot of time and I think I have been generous.

The Government have tabled further amendments, to which I now wish to turn, to strengthen the Bill. First, new clause 5 extends right-to-work checks. Preventing illegal working forms a critical part of the Government’s plan to strengthen the immigration system and restore tough enforcement of the rules, undermining the proposition sold by unscrupulous criminal gangs that individuals can work in the UK. In reality, such work is illegal and puts individuals in a vulnerable position and at risk of exploitation. Legitimate businesses are undercut and the wages of lawful workers are negatively impacted, with links to other labour market abuse such as tax evasion, breach of the national minimum wage and exploitative working conditions.

Those working illegally in the UK are exploiting a loophole in the existing right-to-work scheme, whereby only those organisations that engage individuals under a contract of employment are required to carry out right-to-work checks. Government new clause 5 means that those who engage individuals to work as casual or temporary workers under a worker’s contract, individual subcontractors, and online matching services that provide details of service providers to carry out work or services for potential clients or customers for remuneration, will be legally required to check a person’s right to work. Individuals who are self-employed in the traditional sense, and who contract directly with clients, will not be in scope of new clause 5, ensuring that a member of the public directly engaging a tradesperson or business will not have to carry out a right-to-work check. That is a long overdue extension of right-to-work checks to include sectors that were previously out of scope and to crack down on the unscrupulous exploitation of employment law loopholes.

I note new clause 2 tabled by my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel) and new clause 21 in the name of the hon. Member for Hazel Grove (Lisa Smart) on the Government’s policy on the right to work for asylum seekers, but it is important, as I said earlier, to distinguish between those who need protection and those seeking to come here to work. Although pull factors to the UK are complex, the perception of easy access to the labour market is among the reasons that people undertake dangerous journeys to the UK.

I turn to Government new clauses 6 and 7. First, asylum appeals in the first-tier tribunal of the immigration and asylum chamber currently take an average of nearly 50 weeks, according to the latest published statistics. That is because of the huge backlogs we inherited when we came into government. Government new clauses 6 and 7 seek to set a 24-week statutory timeframe, requiring the first-tier tribunal of the immigration and asylum chamber to decide supported accommodation cases and non-detained foreign national offender cases within 24 weeks from the date the appeal is lodged, as far as is reasonably practicable.

There are no easy or perfect choices here, but the Government have to take action, and we are focusing in the first instance on measures that will allow us to get people out of costly hotels and to facilitate the swift deportation of non-detained foreign national offenders, where that is in the public interest. While implementing the 24-week timeframe for supported asylum appeals and appeals from non-detained foreign national offenders, it is our expectation that the judiciary will continue to prioritise appeals lodged by detained foreign national offenders and the most vulnerable. We are working at pace in the Home Office and with the Ministry of Justice and His Majesty’s Courts and Tribunals Service to look at all possible improvements to the end-to-end immigration and appeals system and to the speed and efficiency of decision making and appeals, while continuing to guarantee access to justice. We will set out further reforms to the asylum system later this summer.

[Jim Shannon]

The Minister will know that I chair the all-party parliamentary group for international freedom of religion or belief. An important thing for us is those of a Christian faith and other faiths who come here. The Government have been incredibly generous in giving them the opportunity of asylum and positions here; schemes of both the previous Government and this Government are to be commended, and I thank them. Can the Minister today assure this House, the people I represent here in this United Kingdom and those from overseas that there will still be the opportunity for those who are persecuted because of their faith to come here and claim asylum?

[Dame Angela Eagle]

None of the changes that I have talked about in the new clauses will impinge at all on the criteria currently used to determine whether somebody has a need for protection under the refugee convention. Clearly, in certain circumstances that includes the reality of religious persecution in the homeland. I hope that reassures the hon. Gentleman.

Government new clause 8 redefines how the UK interprets the phrase “a particularly serious crime” for the purpose of excluding refugees from the protection against refoulement. Under existing arrangements, anyone convicted of any offence that attracts a custodial sentence of 12 months or more will have committed a particularly serious crime for these purposes. Those arrangements remain unchanged, but new clause 8 goes further and will mean that a particularly serious crime will now include individuals who have received a conviction for a sexual offence listed in schedule 3 to the Sexual Offences Act 2003. Importantly for these cases, the fact that a particularly serious crime has been committed will be a presumption that can, obviously, be rebutted by the individual in question so that they get a fair hearing.

Schedule 3 to the 2003 Act lists the offences that automatically make an offender subject to notification requirements, meaning that they have to notify the police of personal details annually, or whenever their details change. Failure to do so is a criminal offence and the system is sometimes known as the sex offenders register. The Government recognise the devastating impact of sexual violence on victims in our communities and are fully committed to tackling sexual offences and halving violence against women and girls in a decade. To achieve that, a broad set of the right powers must be available for authorities to tackle sexual crimes, bring perpetrators to justice and manage sex offenders.

Border Security, Asylum and Immigration Bill

Jim Shannon Excerpts

Consideration of Lords amendments
Wednesday 19th November 2025 Commons Chamber

[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.

--- Later in debate ---

[Alex Ballinger (Halesowen) (Lab)]

I thank the Minister for his earlier comments. When I speak to constituents in Halesowen, Cradley Heath and Quarry Bank, their message for me is clear: they are concerned about illegal immigration, and they want the Labour party to secure our borders. That was one of our manifesto commitments, because there is nothing progressive about allowing smuggling gangs to take people across Europe, or about children drowning in the channel. I welcome the Bill, and I welcome the tough measures that the Home Secretary announced on Monday.

I will speak to Lords amendments 7 to 9 and 12 to 15. They are mostly about criminalising the online advertising and marketing of illegal migration actions, often conducted by smuggling gangs. There are lots of reasons why people flee a country and seek refuge in another, including conflict and persecution.

[Jim Shannon]

I welcome what the Government are trying to do, and the thrust of what the Minister is saying, but I think that the Minister and the hon. Gentleman are referring to the fact that we have to ensure that there is a bit of muscle behind the legislation. My colleague Lord Weir was very clear in the other place about our party’s point of view on the legislation. There are people from across the world who flee their home because of persecution or human rights abuses, and who have nowhere to go. Does the hon. Gentleman share my concern about those who can never go back to their country again? I know people who came to Newtownards in my constituency six or eight years ago, and there are six Syrian families who are still there. They are established in the community. Does he agree that those who flee persecution must be protected in the legislation?

[Alex Ballinger]

Yes, of course. We are a compassionate country, and a place of refuge for many people who are fleeing persecution or face other issues. Everything that the Government have announced this week, and the measures in the Bill, allow us to be compassionate; but we can also be also tough on the smuggling gangs, who are in no way compassionate, and who are bringing people into this country on very dangerous journeys.

As I said, people are fleeing conflict and poverty, and I have mentioned in other debates the importance of the Foreign Office investing in conflict resolution and prevention in order to mitigate the challenges from which people are fleeing. However, that does not excuse the smuggling gangs that are operating for profit, or the organisations that market these dangerous journeys, often on Facebook, Instagram, WhatsApp or Telegram. They are selling the service of smuggling people across continents on dangerous journeys. I am pleased that Lords amendment 8 cracks down on online gangs’ marketing and advertising, and that we have some tough new criminal measures to use against them. I understand the need not to place the liability on the platform providers, but how will we work with those platforms, if we see smuggling gangs advertising routes or selling illegal work opportunities on them? How will we ensure that the legislation is effective?

Lords amendments 12 and 13 are about cracking down on such advertising, even if it is not in the UK. People advertising smuggling opportunities are likely to be based in Europe or the middle east, so it is important that our legislation is extended to allow us to go after the gangs operating outside the UK, where possible, and I welcome that change.

In summary, this is an excellent Bill and I support the amendments. It is important that we use all the powers that we have to go after the smuggling gangs. The legislation is an important step, and I am pleased that we are building on it with what the Home Secretary announced earlier this week.