Border Security, Asylum and Immigration Bill (Seventh sitting)

Debate between Jo White and Pete Wishart

Tuesday 11th March 2025 Public Bill Committees

[Jo White (Bassetlaw) (Lab)]

I welcome the opportunity to examine the failed Rwanda scheme. The Israeli scheme, which was set up more than a decade ago, provides stark evidence that the previous Government should have considered before recycling an idea that has cost taxpayers £700 million. In Israel, asylum seekers were given a stark choice: be sent home, go to a migrant detention facility or take $3,500 on a one-way flight to Rwanda. One such asylum seeker quickly found that he was not welcome on arrival. No sooner had he landed in Kigali than he was told he had to leave again for Uganda, and for a fee. He said that he quickly left for Greece on a small boat and then travelled over land to Switzerland, where he is now settled. Another used a $5,000 payment that he received to catch a flight to Amsterdam, where he then claimed asylum status.

The previous Conservative Government entered into the agreement with Rwanda with full knowledge of the previous failings there and offered individuals a personal payment of £3,000 to resettle their lives. Figures have been bandied about on how many asylum seekers Rwanda was willing to take, with the previous Government saying 1,000, and Rwanda saying between 100 and 200. It is not clear who was right, but a question that has often been repeated to me is: how can that be regarded as a deterrent? Indeed, our witnesses from the refugee support organisations made the point that people will continue to come and try their luck, and 84,000 took that risk. I welcome the fact that we have our common sense back and we are repealing the Act, but I despair at the waste of taxpayers’ money on pursuing a fantasy that had already failed elsewhere.

[Pete Wishart (Perth and Kinross-shire) (SNP)]

Good morning to you, Mr Stuart, for week two of our fascinating journey into the depths of the Bill. There will be absolutely no argument from me about this one, and I wholeheartedly agree that the Bill must go through. When we look back at the whole sorry Rwanda debacle, we will wonder how on earth such a crackpot scheme was not only conceived, but actually constructed and delivered. A few words will be forever on the gravestone of the last Conservative Government: “stop the boats” and “Rwanda”. It was the first time, in my experience, that an Act decreed a new reality. Through sheer willpower alone, the Conservatives declared that Rwanda was a safe place, and in true Orwellian style, they even called the legislation the Safety of Rwanda Act. It was the most blatant political attempt ever to try to convince us that black was white.

Rwanda is so safe that it is currently accused of supporting the M23 militia, which is claimed to be recruiting child soldiers and carrying out killings and rapes of civilians in the Democratic Republic of the Congo. Saying all that, Rwanda played an utter blinder. It milked this for all it was worth. It saw these mugs coming. So far, Rwanda has made £240 million—money that will not have to be paid back. The Bill was described by the Law Society as “defective” and “constitutionally improper”, and it was declared unlawful in the Supreme Court. All those rebukes did nothing for the Conservatives other than to encourage them to ensure that the idea became a reality.

We just have to look at the sheer waste and the sheer stupidity that was the very essence of the Rwanda policy. The headline was that it cost taxpayers £750 million and failed to deport a single asylum seeker against their will. There was £270 million to support economic development in Rwanda, £95 million for detention and reception centres and £280 million for other fixed costs. Fifty million pounds was spent preparing for flights that never took off.

Then there is the farce of the Kigali four—the four volunteers sent to Rwanda, who were the only people who actually made it through the whole scheme. Tortoise did us a favour by unearthing the script that was used when the Home Office tried to persuade people to take up a “generous one-time offer” of a relocation package to Rwanda. One source said that demonstrated an

“insane level of resource that went into just proving the concept”.

Border Security, Asylum and Immigration Bill (Sixth sitting)

Debate between Jo White and Pete Wishart

Committee stage
Thursday 6th March 2025 Public Bill Committees

[Pete Wishart (Perth and Kinross-shire) (SNP)]

These clauses create invasive new search, seizure and retention powers, along with the powers to access, copy and use information contained within an electronic device. The new powers can be applied to any person who arrives irregularly and has not yet been granted permission to enter or remain in the UK. They allow an immigration or police officer to fully search a person, including a search of that person’s mouth. I expect that the Minister will tell us exactly whether that particular qualification is required for these new powers.

This is not the plot and setting of some future dystopian film: it will be the UK sea border in the course of the next few months. These things will not be done to hardened criminals wandering the streets of the United Kingdom or those associated with violent crime. They are to be done to some of the most abandoned and traumatised people in the world. With these clauses we are starting, measuredly, to go into police state territory. They are essentially a hybrid form of stop-and-search powers, without the due qualifications and reassurances. I do not know if profiling will be a part of this—I will be interested in the Minister’s response—but it seems like only one profile will be included in all that, which is that of every asylum seeker. They may all be subject to these new powers.

For these powers to be exercised, there need only be reasonable grounds and suspicion that a relevant article appears to store some electronic information that relates or may relate to the future or past commission of a facilitation offence. That seems excessively broad. Practically any person who arrives irregularly to the UK may be subject to these powers. Any information received from these searches would be used for preventing, detecting, investigating or prosecuting facilitation offences. The property can be retained for as long as considered necessary to assess, examine or copy information for use in proceedings for an offence, before being returned or disposed of.

I trying to think why the Government want these clauses. I know they are going to tell us it is all about helping to disrupt organised crime and making sure they can find particular and specific information on electronic devices, but I think a lot of it has to do with the 2022 High Court ruling decreeing that the Home Office’s secret policy of blanket searching, seizing and returning mobile phones from individuals arriving by small boats was unlawful.

Just like the Tories before them, if any particular law that defends and protects people is seen or deemed to be a little bit unnecessary, the Government will just bring in a new one to override it completely, forgetting anything to do with the consequences and implications for people. These new offences clearly compromise a person’s right to a private and family life. Given the confidential, legally privileged, sensitive, private and personal nature of the messages, photographs, information, correspondence and data that may be on such mobile devices, we hold that that could only ever be the case. To be fair, the Government respect that and acknowledge it as fact, and the European convention on human rights memorandum suggests that the new powers could be distinguished and that phones will not be seized on a blanket basis when these powers come into force—well, thank goodness for that.

The memorandum says:

“The Home Office will issue non-statutory guidance about the use of the powers and training which will be required for authorised officers exercising those powers.”

We will have to see that happen pretty quickly, because we have no idea how any of these powers will be exercised. Again, I am entirely happy to take the Minister at her word on how the new law will be exercised as we go forward. However, there is no such guidance for parliamentary scrutiny during the passage of the Bill, so it remains entirely unclear how the Home Office proposes to use these wide and invasive new powers.

I am distinctly uncomfortable with the new powers, and I am disconcerted about how they may be applied and used. A number of agencies have serious misgivings about the type of individuals who will be subject to these new powers. The Minister has to explain just a little more how these powers will be used and what protections will be put in place, particularly for some of the most traumatised people whom we will be ever deal with in this country.

[Jo White (Bassetlaw) (Lab)]

I very much welcome this element of the Bill on electronic devices. While clause 22 will give officers powers to seize digital devices that are believed to be used for the purpose of people smuggling, clause 23 gives suitably trained and accredited criminal investigators the powers to access the information on mobile devices, phones and laptops that will build the evidence base, history, connections and understanding of the routes of the criminal gangs.

Seizing and extracting data from mobile devices is a powerful tool already used by our security services. There are already established Home Office guidelines on this, and these clauses extend those powers and will help enable intelligence-led profiling of irregular arrivals. That key change will lead to greater opportunities to disrupt the trade of these awful gangs.

Border Security, Asylum and Immigration Bill (Fourth sitting)

Debate between Jo White and Pete Wishart

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Pete Wishart]

It is an absolute pleasure to serve under your chairing this afternoon, Mr Stuart. I welcome you to the Committee.

Clauses 13 to 18 are where we start to get into the serious business of the Bill, and where some of its most concerning and controversial aspects are revealed. Nowhere is that more certain than in clauses 13 and 14.

The Government tell us that their whole intention and focus is exclusively on smashing the gangs, disrupting their business and bringing to justice as many of the people associated with and involved in this vile trade as possible. In everything we do in the Committee and in the House, the community must ensure that the Government are supported in that ambition and intention. That is one thing that unites the whole House, and we wish the Government every success in disrupting the gangs, smashing their business operations and bringing them to justice.

As we look at clauses 13 and 14, the first thing we have to do is assess and judge whether they assist in that process. I think we have to come to the conclusion that they do not, and they could make the situation a lot worse. They will certainly make the conditions of those who seek to come to our shores—some of the most wretched people in the world—much harder and more intolerable.

[Jo White (Bassetlaw) (Lab)]

Does the hon. Member hold the view that an asylum seeker cannot be above the law when it comes to participating in smuggling gangs?

[Pete Wishart]

I do not think anyone would assert, contend or propose that. Everybody is subject to the laws. Clauses 13 and 14 are designed to create new ways to criminalise people. I have listened carefully to the Government’s rhetoric, and I believe the focus and ambit of these new laws is to smash the gangs and disrupt their business, but they will not do that. The only people who will be ensnared, entrapped and put on the wrong side of these laws are asylum seekers. I say candidly to the hon. Lady that we are creating new ways to further criminalise the most wretched people in the world, and that is a grotesque ambition for this Government.

I tried to find out from the senior law officers who gave evidence how many members of gangs would be apprehended and brought to justice as a result of these new clauses. The law officers could not tell me. I do not blame them for that; they probably did not know. I suspect it would be really difficult even to make some sort of guess about how many criminals would be brought to justice as a result.

I also asked what would be the ratio of ordinary asylum seekers to gang members—the ones who secure this vile trade—but the law officers could not tell me. However, I know and suspect, as I am sure they do, that nearly everybody who falls foul of the clauses will be an asylum seeker. I suspect they know—I do, and probably everybody else does—that very few gang members will be brought in front of any of our judiciary as a result of the provisions.

Border Security, Asylum and Immigration Bill (Second sitting)

Debate between Jo White and Pete Wishart

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.

--- Later in debate ---

[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—