Border Security, Asylum and Immigration Bill

Debate between Jonathan Brash and Chris Philp

2nd reading
Monday 10th February 2025 Commons Chamber

[Chris Philp (Croydon South) (Con)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House, while welcoming measures to create new immigration criminal offences, declines to give a Second Reading to the Border Security, Asylum and Immigration Bill, because an effective removals and deterrence arrangement is fundamental to stopping illegal immigration, but the Bill abolishes laws passed under the previous Government to ensure removals, and abolishes laws passed under the previous Government to ensure a deterrent by restoring illegal migrants’ ability to claim indefinite leave to remain and British citizenship; and because the Bill contains no proposals to limit legal migration, nor limit the eligibility criteria for settlement and citizenship, which means that the Bill will lead to increased illegal and legal immigration.”

It has been seven months since the Government came to office, so we have had a chance to look at their record. I am afraid it does not make for happy reading. Since the general election on 4 July, 24,793 people have illegally, dangerously and unnecessarily crossed the English channel. That is a 28% increase on the same period 12 months previously. The Home Secretary tells us how good her Government’s record is, yet illegal crossings have gone up by 28% on her watch. She promised that she would end the use of asylum hotels. My hon. Friend the Member for Broxbourne (Lewis Cocking) asked her when she would deliver on that manifesto commitment, and she did not answer the question. The truth is that, after the election, there were 6,000 more people in asylum hotels: a failure on her watch.

The Home Secretary crows about removal numbers, not mentioning of course that three quarters of those removals were voluntary, and only a tiny fraction relate to people who arrived by small boat. In the first three months of this Government, the number of people who were removed having arrived by small boat actually went down. In fact, the removals of small boat arrivals in those first three months—the most recent period for which figures are available—amount to only 4% of small boat arrivals, so how can she tell us that letting 96% of illegal immigrants stay here is some kind of deterrent? It is not.

[Mr Jonathan Brash (Hartlepool) (Lab)]

The shadow Home Secretary seems keen to reflect on the records of Governments. In 2010, the number of people in the asylum system reached an over-20-year low. By the time the Conservative Government had left office, the number had ballooned by 13 times to 225,000. Will he reflect on who was responsible for that?

[Chris Philp]

I wonder whether the hon. Gentleman knows which Government gave an effective asylum amnesty; it was the previous Labour Government. If he is so interested in the asylum backlog, does he know whether it has gone up or down under the new Government? It has gone up, as has the number of illegal migrants crossing the channel, leaving a safe country—France—from which there is no necessity to depart in order to find safety. France has a fully functioning asylum system, does it not?

--- Later in debate ---

[Chris Philp]

The point of a debate is to engage rather than read out a pre-prepared question. The hon. Gentleman will be aware that the National Crime Agency has said that we need a deterrent. The Bill removes any legislative prospect of a deterrent, which is why we oppose it.

The Home Secretary talked about various new offences, including endangering life at sea and activities preparatory to supporting illegal migration. Of course, no one from any party in this House wants those things to happen, but the measures that she proposes duplicate the existing provisions in section 25 of the Immigration Act 1971, as amended by the Nationality and Borders Act 2022. Facilitating illegal immigration—quite a broad term—is already a criminal offence. Unlike her offence of endangering life at sea, which carries a five-year maximum sentence, section 25 of the Immigration Act states that facilitating illegal migration carries a maximum sentence of life, recently increased from 14 years. Guess who voted against that increase in the sentence? The Home Secretary.

Although we support the thrust of the clauses in the Bill, they are already covered by the tougher existing offence of facilitating illegal immigration. Clauses 19 to 26 contain plans to seize phones, which in principle we support, but that power exists already in section 15 and schedule 2 of the Illegal Migration Act 2023. There is an element of duplication.

Let me move on to the more objectionable parts of the Bill. Clause 37 repeals the entirety of the Safety of Rwanda (Asylum and Immigration) Act 2024. [Hon. Members: “Hear, hear!”] That appears to command some rather unwise enthusiasm from the Government Benches. As I said, the first flight under the Rwanda scheme was due to leave on 24 July, following extensive legal challenge and legislation in this House. Very unwisely, the Government chose never to start that scheme, which would have had a deterrent effect, because it stands to reason that if people know that if they try to cross illegally into a country such as the UK they will be removed to Rwanda, they will not bother in the first place.

We have seen that kind of scheme work elsewhere, with Operation Sovereign Borders in Australia around 10 years ago. We have seen it work here as well, with the 2023 removals agreement with Albania. Crossings by Albanians, who were the most numerous cohort crossing the channel, went down by 93%. Again, it stands to reason that if people know that if they arrive here they will be removed, they will not bother crossing in the first place. But hon. Members should not take my word for it. The National Crime Agency says that we need a deterrent, and even the Government’s own Border Security Commander, Martin Hewitt—who cannot command very much—says that we need a deterrent.

[Mr Brash]

That is the second time the shadow Home Secretary has said that the National Crime Agency has suggested that Rwanda would be a deterrent. The head of the National Crime Agency has said specifically, “Others are implying that we support Rwanda, and that isn’t true.” Will the right hon. Gentleman withdraw that?

[Chris Philp]

No, what the National Crime Agency said was that we need a deterrent. That is what it said, that is what I quoted, and the Government’s own Border Security Commander made the same point.