Border Security, Asylum and Immigration Bill

Jim Shannon Excerpts

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.