Border Security, Asylum and Immigration Bill (Seventh sitting)

Kenneth Stevenson Excerpts
As Martin Hewitt, the Border Security Commander, says, there is no “simple answer” to stopping the small boat crossings. We need a toolbox that is filled with tools. To co-ordinate is to command and to disrupt is to deter. That is what this Bill will do, and in so doing it will, thankfully, replace the failed Rwanda gimmick.
Kenneth Stevenson Portrait Kenneth Stevenson (Airdrie and Shotts) (Lab)
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It is a pleasure to serve under your chairship, Mr Stuart. I rise to put on the record my support for the Government’s decision to repeal the Safety of Rwanda Act. It is important to remember that this Act was passed by a Conservative Government who knew that they were on their way out—a Government who had run out of road and run out of ideas. The Safety of Rwanda Act was nothing more than a gimmick, as has been pointed out many times this morning. It was a waste of taxpayers’ money and only reaffirmed the widely held view that the Conservative Government had lost control of our borders.

The Bill brought forward by the Labour Government aims to tackle an extremely challenging issue—one made far more challenging by the incompetence shown by the previous incumbents. It marks a welcome shift from wasting taxpayers’ money on projects such as the Rwanda scheme to a plan that genuinely aims to smash criminal gangs and stop small boat crossings at the source, with a consistent approach of respecting the vulnerability of the human lives involved. That is why we must reject Conservative attempts to continue their failed schemes.

For those now in Opposition, one would have thought the lessons of July last year were to look outwards, consider what went wrong and reassess their positions on key matters such as immigration, but clearly, they are carrying on as they have done for years, insistent on making the same mistakes that cost the public purse millions that could have been spent on supporting the working people of the United Kingdom. I reiterate my support for the repeal of the Rwanda scheme and look forward to supporting this Government’s plans for restoring control to our borders and delivering on the priorities of the British people.

Border Security, Asylum and Immigration Bill (Fifth sitting)

Kenneth Stevenson Excerpts
Tom Hayes Portrait Tom Hayes
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Thank you for your patience, Mr Stuart. I will progress to my more substantive points.

I welcome the introduction of the new offence of endangering another life during perilous sea crossings to the UK, because we know that life is being endangered. At least 78 people died in the channel last year, and a total of 327 have died on the channel route since 2014. With your patience, Mr Stuart, I will talk about a particular case study.

We know that some of the lives that were cut short were incredibly young. A year and three days ago, a seven-year-old girl boarded a small boat in northern France with her three siblings, father and pregnant mother. The family joined six other children on that small boat, all of them seeking to cross the channel to reach the UK. Four other adults completed the complement on the boat. To describe that boat as small is a joke. It was later described as very small, no bigger than the kind a fisherman might use. It was too small for the number on board, which reinforces the point that I made to the hon. Member for Stockton West: that we are seeing the average number of people per boat rising, which accounts in part for the larger number of people trying to cross the channel to the UK.

The little girl I just talked about was pulled out of the water by rescuers. There were efforts to save her, but they failed. She could not be resuscitated. Aged seven, that child suffered a heart attack and she stopped breathing. Her family died. The six other children on the boat died. The four other adults on the boat died.

Later that day—3 March 2024—another boat crossing got into trouble. Thankfully, the 47 lives on that boat were saved. The night before, on 2 March 2024, another boat got into trouble when it deflated because it was not seaworthy. Again, thankfully, 20 lives were saved. But 327 lives have been lost on the channel route.

We know the facts of life in these flimsy boats. We know that every small boat is crowded with more and more people. We know that gangs are set on making as much money as possible, no matter the risk to life. We know that women and children are forced into the middle of ever smaller boats, so that when those boats fold and sink, as they do, it is they who are the first to be drowned or crushed. We know that the fuel is in containers that are so flimsy that they leak, and we know that when it mixes with seawater, saltwater, it inflicts the most horrific burns on the most vulnerable people.

We know another fact of life on these boats: the engines are among the weakest and the lifejackets are fake, do nothing and keep nobody afloat. And so I have to ask: why would we oppose the introduction of this new offence? It will ensure that anyone involved in physical aggression, intimidation or coercive behaviour will face prosecution and a sentence of up to five years.

My right hon. Friend the Home Secretary has been clear that this offence sends

“a clear message that we will take action against those who are complicit in loss of life or risk to life at sea.”—[Official Report, 10 February 2025; Vol. 762, c. 63.]

To hear that from a Home Secretary is really important for those criminal gangs that are contemplating criminality. This is about going after those who further jeopardise the safety and lives of others during crossings and who are actively preventing offers of rescue. It is not about, as some have said, criminalising vulnerable people and dangerous crossings. Indeed, the Home Office has already said publicly that the Crown Prosecution Service always considers whether it is in the public interest to prosecute individuals. This is about protecting children like the seven-year-old whose life was ended a year and three days ago.

I want to dwell on the point about child protection, because it is so relevant to the question of sea crossings and whether we have this offence to try to limit the loss of life. We heard in oral testimony from the Children’s Commissioner for England about the horrifying crossings that are taking place, but we also heard that the Conservatives had forced vulnerable children into horrifying situations when they arrived here in Britain. The commissioner stated:

“Children were languishing without proper safeguarding in inappropriate places.”––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 21, Q21.]

The Children’s Commissioner had to persistently pursue, from a Home Office that hindered her from doing her job, data on

“children who had been victims of attempted organ harvesting, rape and various other things”.––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 25, Q26.]

As she says on children who are missing:

“We still do not know where many of those children are…that is not good enough.”––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 25, Q26.]

I say that because we have a massive child protection issue on our sea. We have a massive child protection issue in the United Kingdom. We need the Bill to make sure that children are safe.

Kenneth Stevenson Portrait Kenneth Stevenson (Airdrie and Shotts) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Stuart. These steps have been taken following discussions with law enforcement to be as thorough as possible in our attempts to smash the criminal gangs and disrupt an organised activity at the very source, particularly in relation to endangering another during a sea crossing, but also when it comes to supplying and handling articles for immigration crime. We must allow enforcement every opportunity to identify the causes of such crime and use the findings of any investigation to deter further crossings. If he allows me a little bit of leeway, I will refer to the hon. Member for Perth and Kinross-shire, who spoke about piloting boats.

None Portrait The Chair
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Order. Mr Stevenson, interventions must be short.

Border Security, Asylum and Immigration Bill (First sitting)

Kenneth Stevenson Excerpts
Susan Murray Portrait Susan Murray (Mid Dunbartonshire) (LD)
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I want to let the Committee know that I know Daniel O’Malley from Scotland through the Liberal Democrats.

Kenneth Stevenson Portrait Kenneth Stevenson (Airdrie and Shotts) (Lab)
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I have previously met Daniel O’Malley as well.

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None Portrait The Chair
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Can I quickly get Kenneth’s question in?

Kenneth Stevenson Portrait Kenneth Stevenson
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Q We have heard from Dr Walsh about how the small gangs operate. They are very difficult to work against. What engagement have you had to better understand the Government’s position? Would you outline your evidence directing us to an alternative approach?

It has been very interesting to hear about what does not deter people from coming across, but it would also be very interesting to hear about anything that does deter them. Could you outline that too?

None Portrait The Chair
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There is less than a minute left, and I wonder whether Zoe wants to quickly come in too.

Dr Peter Walsh: Strong deterrents do not necessarily operate on a psychological level. They include the physical interception of boats in the water, and the case of Australia demonstrates that quite clearly. It had an offshore processing plan, but the huge decrease in numbers arriving by unauthorised boats happened once Australia was physically intercepting those boats in the water and returning them to the countries of departure.

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Kenneth Stevenson Portrait Kenneth Stevenson
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Can you answer my original question about the engagement you have had with the Government? You are saying that small gangs are very flexible, but obviously the Government are saying that they are going after those gangs—

None Portrait The Chair
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Order. That brings us to the end of the time allocated for the Committee to ask questions. I thank our witnesses on behalf of the Committee for their evidence.

Examination of Witness

Dame Rachel de Souza gave evidence.

Border Security, Asylum and Immigration Bill (Second sitting)

Kenneth Stevenson Excerpts
Pete Wishart Portrait Pete Wishart
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And were they gang members?

Sarah Dineley: I cannot break that down, but that would include gang members. That is the total number of prosecutions.

Kenneth Stevenson Portrait Kenneth Stevenson (Airdrie and Shotts) (Lab)
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Q This might be a lag question, which is quite engineering-based, but you mentioned proactive, pre-emptive and disruptive, and those are engineering terms as well. I am really interested in how they react and would work within the Bill, how they would help the Bill and how the Bill would help them. Could you give us some idea of that?

Rob Jones: In relation to the powers in clauses 13 to 16?

Kenneth Stevenson Portrait Kenneth Stevenson
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Yes. I apologise—I think I have cut across the Minister, because she asked a very similar question, but, if you could give us an idea of how those three things that you spoke about before could be helped by the Bill, that would be really helpful.

Rob Jones: When we identify somebody from the UK who is involved in organising small boats crossings, for instance, we have to get very good, sophisticated surveillance control over that individual to get enough evidence to be able to produce a full file submission to the CPS for a section 25 facilitation offence. That could mean months of surveillance, or covert activity, in terms of eavesdropping and audio recordings.

In the meantime, we are seeing that individual with a public profile on social media, researching crossings, communicating with people overtly and meeting people. When you are looking at the commissioning of the offence, and you are living with somebody who is involved in serious organised crime, you are seeing that play out in front of you.

These clauses allow us to take elements of their business model—as they are meeting people, as they are researching, and as they are taking the preparatory steps to the section 25 offence—then go to the CPS and say, “We think we’ve got enough; we think we could go now.” That gives you more momentum, more speed and more agility.

It is the same mindset as trying to prevent attacks in the CT world. You would not choose to reactively investigate a terrorist attack; we would not choose to reactively investigate highly dangerous crossings in the English channel during which people get killed. We would choose to pre-emptively stop them, and that is what the new offences would introduce.

Tom Hayes Portrait Tom Hayes (Bournemouth East) (Lab)
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Q My question is regarding the asylum decisions backlog that the country faces, which we are now starting to move through. As a consequence, of course, some people will have their grants rejected and others will have them accepted. Where the grants are accepted, what would you say to anybody who claims that that could be a pull factor for people to try to access this country?

Then, just picking up on your point, Mr Jones, about criminal gangs starting to feel the pressure because of this new suite of tools, would you say that the tools provided for in this Bill, which will have a disruptive effect, could in consequence also have a deterrent effect on the criminal smuggler gangs?

Rob Jones: I will take the second question first. Obviously time will tell but, adding to what we are doing already, these tools will rack up the pressure, and that starts to change behaviour. It increases costs and increases friction in the business model. Those things contribute to deterring people from getting involved, and we see that with other areas of criminality. I will allow others to answer the asylum question.

Sarah Dineley: I am going to dip out, rather, and say that it is not really a matter for the Crown Prosecution Service, but I can tell you that the Home Office is undertaking a piece of work looking at what the pull factors are for migrants wanting to reach the UK, and at what point they reach the firm decision that the UK is their final destination.

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Pete Wishart Portrait Pete Wishart
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Yes, but that is gone.

Dame Angela Eagle: And very expensive they turned out to be. We have inherited such a mess, with huge backlogs and very long waits for appeals, that we have to try to clear up. We have an asylum system that essentially broke down—I think one of our witnesses was talking about it being “in meltdown” earlier today.

We are going to do the day job and start to get that system working. I think that having fast, fair and effective immigration decisions is a very important part of all of this, as is removing those whose claims fail so that we can actually get to the stage where people know that, if they come to this country and they do not have a reasonable chance of being accepted as an asylum seeker, they will be returned. I think that is what the deterrent is.

Seema Malhotra: If I may add one point, it is absolutely valid and right to say that this Bill is one part of trying to tackle both the criminal gangs and the demand. Certainly, the other side of the work that the Home Secretary has been leading on—in terms of agreements with other countries for returns, as well as the reasons why people are coming and what more could be put in place as a deterrent—is work that was also talked about in evidence today; international diplomacy is also an important part of the overall framework. That is going on in parallel, and it is important to be working upstream through diplomacy and agreements with other countries too.

Kenneth Stevenson Portrait Kenneth Stevenson
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Q Listening today has been very interesting; I have written down some of the points. There were the points about organised crime, and about the Border Security Commander and the border post that he—or it might be a “she”, and I am not ultra-woke—would be in charge of. There is also the point about 2 million people coming over from Gaza, and that the tagging system has not worked, although I did not hear any evidence of that—I wanted numbers; as an engineer, I wanted to hear the background to that.

I then heard that there were no magical solutions and that war was not easy to win—so we are in a “war” with migrants. We then spoke about unkindness to asylum seekers. I think that the most important words that I heard today were proactive, pre-emptive and disruptive— that is what the Government are trying to be. Do you agree that that has to start with the gangs who are starting this and are pulling—or pushing—people across?

Dame Angela Eagle: Yes. There are many genuine asylum seekers, many of whom are granted asylum when they are finally processed, who have come in that way. There are also people who are trafficked, who are in debt bondage, who go into sex work in nail bars, say from Vietnam, or who end up—as the police chief told us—growing cannabis in hidden farms in all our communities or being involved in serious crime. Some of them are victims of modern slavery, and some of them are the perpetrators of all that kind of evil.

Border Security, Asylum and Immigration Bill

Kenneth Stevenson Excerpts
Kenneth Stevenson Portrait Kenneth Stevenson (Airdrie and Shotts) (Lab)
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I shall begin by committing my support to the Government’s efforts today. After years of the Conservatives failing to secure our borders with failed projects such as the Rwanda scheme, it is refreshing to see legislation come forward in this place that will smash criminal smuggling gangs and disrupt their ability to carry out small boat crossings. When debating such issues, we must not forget the lives lost in small boat crossings. They include women and children, often fleeing violence and persecution, and they are treated in the most abhorrent manner by criminal gangs who put them on those small boats with no care whatsoever for their safety, or indeed for whether they make it across the channel. We must be in no doubt that the sole focus of these criminal people smugglers is profit. They care not for the lives of the vulnerable and frightened, but only for lining their own pockets and the continuation of their despicable criminal enterprise.

Although not a surprise, it remains absolutely absurd that Reform UK and increasingly the Tories, under the Leader of the Opposition, point the finger at a Government that are actually working to address this issue, rather than work co-operatively to save lives, punish criminals and secure our borders. It would be fair to say that Reform UK is engaging in a form of politics that absolutely scrapes the barrel. It is focused on pitting working people against one another. Its language and manner have seen people who have been settled in this country for decades become increasingly frightened about walking their own streets, and it has no care whatsoever if its actions erode the great British values of tolerance, inclusivity and respect.

Mike Tapp Portrait Mike Tapp
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Does my hon. Friend agree that perhaps the reason Reform is not here tonight is because it has so many other jobs to attend to?

Kenneth Stevenson Portrait Kenneth Stevenson
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I certainly agree with my hon. Friend.

As the Prime Minister and the Home Secretary have said, the acts of criminal gangs must be treated as a global security threat, and as such must be addressed using counter-terrorism tactics. I am pleased that this legislation will allow immigration enforcement, the police and the National Crime Agency to seize electronic devices from people who come here illegally, if intelligence suggests that this would help to gather information on organised immigration crime. Indeed, I am reassured that these measures have been established in co-operation with law enforcement and by learning best practice from other examples of tackling and defeating sophisticated and organised crime.

In taking these steps, we will limit and disrupt the operations of the criminal gangs, which is critical to securing our borders. This stands in stark contrast to the previous Government, who spent £700 million of taxpayers’ money on their failed Rwanda scheme. Their costly gimmick sent just four volunteers to Rwanda and caused a complete collapse in asylum decision making. What a difference serious government makes. Is it any wonder that the people of this country voted for change?

We have debated in great detail the technicalities of this legislation, but I would like to briefly look at my own constituency of Airdrie and Shotts. Lanarkshire is a place where many communities from across the globe have settled, where their culture has been respected and enjoyed, and where people have been welcomed after fleeing situations that could only be described as horrifying. However, just last week when I held my surgery on Friday, I took a walk around Airdrie and found graffiti in our town centre that can only be described as racist, abhorrent and hostile. It was the sort of language that is not welcome in Airdrie and Shotts, and I reiterate my support and solidarity for those communities who have made our towns and villages their home over many generations and contributed positively to our local area.

Immigration must be controlled, but it can and does work. I conclude by reminding those on the Opposition Benches that people are watching. People are listening to their rhetoric, and if they continue to embark on a campaign of rhetoric and divisive messaging, they risk destroying the historic ties, tolerance and unity that make Britain great.