Border Security, Asylum and Immigration Bill (Second sitting)

Jo White Excerpts

Committee stage
Thursday 27th February 2025 Public Bill Committees

[Pete Wishart]

Q That is not what I said. I was just asking for your response to the people who arrive on our shores, and whether you feel empathy, compassion and concern about them.

Alp Mehmet: We do, and even in my day as an immigration officer 50 years ago, that was exactly what we did. Tony rose to run the show, but I would argue that we had far more leeway in the ’70s as very junior, humble individual immigration officers. We were properly trained, we were monitored, we did things entirely within the law and we dealt with people humanely. It does not mean that that will not happen because we are saying, “No, you shouldn’t jump into a dinghy and make your way over here.”

[Jo White (Bassetlaw) (Lab)]

Q From the moment the Rwanda deal was signed until the moment it was scrapped, 84,000 people arrived here on boats. How can you define that as a deterrent?

Alp Mehmet: Tony, you start, and then I will catch up with the question, because I did not quite hear.

Tony Smith: We may well say the same thing. The question was about the fact that the Rwanda plan did not deter anybody because we still had 84,000 people arrive. I think the reason for that was that it was never, in fact, implemented. The intelligence coming across from Calais was that the smugglers and migrants never believed that it was going to happen. Once it became clearer that the Safety of Rwanda Act had passed, and that it might well become a reality, there was intelligence to suggest that some people were thinking twice about getting into dinghies, and there was some displacement into Ireland as a result. Of course, we will never know now, because we never actually implemented it.

We had a change of Government, and the new Government made it very clear that they were going to abolish the Rwanda plan, so we are where we are, but I would have liked an opportunity to see what would happen if we had started at least some removals. We had flights ready to go. I would have liked to see the impact that starting some removals would have had on the incoming population. We will never know now, I am afraid. Clearly, we hardly removed anybody to Rwanda in the end—I accept that—but I would have liked us to at least try, to see if it had an impact.

Alp Mehmet: It was never going to be the solution. It was not going to be the way to stop those people jumping into boats and coming across, but it was going to help. There needed to be other changes. I appreciate that we are not going to resile from the European convention on human rights any time soon, but while it is there, it is very difficult to be certain that people will be dissuaded. Some will be, some would have been, and we know that some were already being deterred. It was a pity, I am afraid, that the Rwanda deal went.

[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.

--- Later in debate ---

[Jo White]

Q Just over a week ago, the Government announced that there will be no automatic right to British citizenship for a person who comes here illegally by boat or lorry. Do you think that will act as a deterrent to people coming here?

Professor Brian Bell: It is probably not a very strong deterrent. To repeat myself, all the evidence is that when asylum claimants think of where to claim asylum they do not have detailed knowledge of the ins and outs of the procedures of different countries. They almost certainly do not know what might happen in five to 10 years, which is the length of residence that they would need to apply for citizenship, so I am not sure it will be a significant deterrent. However, it is important to recognise that citizenship is not a right; it should be viewed as a privilege that people earn. It is reasonable for the Government to take the view that citizenship should not be given to certain people. I do not think there is anything wrong with that—it seems a legitimate observation.

[Katie Lam]

Q Perhaps on a related note, you have talked about incentives and mentioned a couple of reasons why people do not come over from France. What is your sense of why people do? Can those incentives be disrupted?

Professor Brian Bell: You would not want to disrupt some of the incentives. For example, the unemployment rate is 7.8% in France and 4.4% in the UK. The gap is slightly larger for young people than for the population as a whole. I am sure the Government would not want to change that incentive, although the French probably would. If you have a buoyant economy relative to your neighbour, at least in the labour market, that is an incentive. There is an incentive in terms of things that you would not necessarily want to change. The English language is really important as a pull factor, and the fact that there are diasporas already in the country.

There tends to be some evidence that the UK has been somewhat more successful than France at integrating immigrants into society, particularly second-generation immigrants: there is some evidence that whereas employment rates are always very poor for first-generation immigrants relative to natives, that gap narrows quite a bit in the UK when you look at second-generation immigrants. That is less true in France, so people may think the opportunities are better here.

The area where the Government could take action—and they are with the Employment Rights Bill—is that we have lots of employment rights in this country, but do not bother enforcing any of them, because we do not spend money on HMRC minimum wage enforcement teams and the Gangmasters and Labour Abuse Authority does not have enough money to employ people to do all the work it needs to do. If the Fair Work Agency can take over and actually be beefed up, then we can enforce labour standards a bit more and that may discourage people, because one of the attractions of coming to the UK is that our looser enforcement of rules in labour market makes it easier to employ people who are here irregularly.

--- Later in debate ---

[Mr Forster]

Q If I may briefly follow up, I appreciate the Minister for Border Security and Asylum’s thoughts on safe routes. Ukraine has long been held up as a good example: we housed a lot of people safely and one Ukrainian person tried to cross the channel.

To be more specific, I have a follow-up on clause 18. We are creating a new criminal offence of endangering someone on a sea crossing—why is it an unauthorised sea crossing? Why is it not a blanket endangering of someone when crossing the sea? Should that offence not be wider or is it more like an aggravating factor?

Dame Angela Eagle: I will talk about the very detailed aspect of that during our line-by-line scrutiny.

There has been a certain behaviour that has begun to happen, which has been perceived on the crossings in the small boats and which this offence is designed to deal with. That is the various kinds of violent intimidation that goes on, such as putting women and children in the middle of boats that then collapse, so they are crushed and die in that way, or holding children over the edge of boats to prevent rescue.

Sometimes if there has been a fatality on a boat—and we have seen what has happened—we go to pick people up and return them to France. The French authorities also do that. There is then a battle not to be returned and violence is sometimes used to prevent people from accepting the rescue that is offered to them. So there are some very particular things that this endangerment clause and this new offence are seeking to deal with.

[Jo White]

Q Thank you, Ministers, for your evidence. In his evidence, Tony Smith, who retired 12 years ago, was very critical of the role of the Border Security Commander and defined him as a “co-ordinator”. Do you believe that the Border Security Commander’s powers need to be enhanced?

Dame Angela Eagle: Well, the Border Security Commander is very happy with the powers that he has—he has been appointed. Again, we will talk about this in some detail, but it is important that we get co-ordination across different areas of activity. I think you will have heard what the NCA witness said about how he wants somebody else to do the co-ordination while he does the basic work. Everybody is working together very well across the people who have to have regard. The Border Security Commander is bringing together a range of very important players in this area to strategise and co-ordinate, and he has not told me—I meet him regularly—that he needs any more powers.

[Pete Wishart]

Q I know that we do not have much time, but I have two quick points following the compelling evidence we have heard today. It has been a very good session. One of the things that came across powerfully was the view that this Bill will do very little to actually tackle the gangs; we heard consistently throughout the evidence that, “They’ll just adjust their business model; they’ve got a monopoly on the irregular migration trade, so they are obviously going to do what they can to maintain it.”

The other thing is that it will have very little impact on people making the decision to come to the United Kingdom. They are fleeing oppression, poverty and war, and they do not care about the laws of the United Kingdom—what Angela Eagle is doing in a migration Bill is not going to deter them from coming here. So what are we going to do to get on top of this issue? Should we not be thinking, as we go through this Bill process, about fresh, new ideas to tackle it?

Dame Angela Eagle: Well, we have just come out of a period of fresh new ideas and gimmicks—