Border Security, Asylum and Immigration Bill

Lewis Cocking Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Yvette Cooper]

The right hon. Member makes an important point, because we have to do this work in co-ordination with other countries. Alongside the UK’s setting up the Border Security Command, France is setting up its new organised immigration crime unit and a new intelligence centre and is strengthening enforcement. Alongside the UK’s strengthening our law to be able to go after the preparatory supply chains used by the people smugglers, Germany is also committed, as part of our new agreement, to strengthen its laws so that it can take action against the warehouses that we know hold huge numbers of the flimsy boats that are then used to transport people across the channel, putting lives at risk. He is absolutely right that this has to be done in co-operation and co-ordination with other countries, because the best way to strengthen border security is to work in co-operation.

The National Crime Agency is also clear that some of the organisers are here in the UK, such as those who do the facilitation, organise the supply chains and organise and help plan some of the routes, the dropping-off points and the advertising. Some of them are based in the UK, so we need the powers to be able to go after them here. If we are asking France, Germany and other countries to do their bit to help go after the criminal gangs, we need to make sure we are doing our bit, too.

That is why, to be honest, I find it absolutely astonishing that the Conservatives are planning to vote against Second Reading and against the provisions we are putting forward. [Interruption.] There is no point doing, “Yeah, but no, but yeah, but no, but”; the impact of the reasoned amendment from the shadow Home Secretary, the right hon. Member for Croydon South (Chris Philp) is to refuse to give a Second Reading to this Bill, which puts forward counter-terrorism-style powers to go after the criminal people smugglers and traffickers who have undermined border security and put lives at risk. We have seen reasoned amendments from Reform and the Scottish National party, too, all wanting to oppose this Bill and the powers we need to go after the criminal gangs. Frankly, they should all explain why they want to let down the people of this country and stand up instead for the people smugglers and the traffickers who are putting lives at risk and undermining our border security. On the Government Benches, we believe we should go after those gangs, because theirs is a vile and illegal trade.

The Bill also strengthens intelligence gathering and intelligence sharing to tackle organised immigration crime. It will make it easier for customs data to be shared with the Home Office and police and provides for data held by the Driver and Vehicle Licensing Agency on UK-registered trailers to be shared with law enforcement in real time. The House will remember the terrible case where 39 people died in the back of a trailer in Essex. The Bill will help detect attempts to smuggle people or goods into the country illegally via lorry. It will also provide for biometric checks to be taken more easily in different locations, including from Scottish ports and evacuation routes.

Importantly, the Bill also restores order to the asylum system by putting an end to some of the failed gimmicks and unworkable mess that the previous Government left us. That includes sorting out the chaos created by the unworkable and contradictory provisions in the Illegal Migration Act 2023, most of which are so unworkable that Conservative Ministers never commenced or implemented them. Some 34 major clauses were passed by this House but never commenced, because Ministers knew they would not work. Sixteen more were commenced, but never operationalised, because they were simply unworkable. The chaotic combination of section 9 and section 2 meant that anyone who arrived could claim asylum, get asylum support and get put up in an asylum hotel, but the Home Office could never take a decision on their case, so they would have to stay forever—an asylum Hotel California which people never leave, while the backlog soars and the taxpayer foots the bill.

We are repealing many of those chaotic, gimmicky and broken laws, including the Safety of Rwanda (Asylum and Immigration) Act 2024, which will allow us to withdraw from the UK-Rwanda treaty that would otherwise have cost us hundreds of millions of pounds more for an unworkable scheme.

[Lewis Cocking (Broxbourne) (Con)]

The Home Secretary mentions asylum hotels. The Government have actually opened more asylum hotels since they have been in office. Can she give us a date when she will have met her manifesto commitment to close the last asylum hotel?

[Yvette Cooper]

I would just point out to the hon. Member that his party’s previous Government opened 400 hotels. This Government have already cut the cost of asylum accommodation substantially, and we continue to do so. We have also had to start clearing the backlog that was created by the previous Government collapsing asylum decisions in the run-up to the election, creating total chaos.

The Bill is about restoring order to the immigration and asylum system and rebuilding our border security. Immigration has always been important to the UK, but that is why it should be controlled and managed so that the system is fair. Our country will always do our bit to help those who have fled persecution and conflict, but the system needs grip and control, not gimmicks and false promises. Unlike our predecessors, we will not claim that there is a single fantasy gimmick that will solve the serious challenges. The gangs have been allowed to take hold for six years, so it will take time to loosen that grip and smash the networks that lie behind them, but there is no alternative to the hard graft of going after those gang networks, which have been getting away with this for far too long. Nor is there an alternative to working with international partners on this international crime, building new alliances against organised criminals—not just standing on the shoreline shouting at the sea.

If all the other parties are serious about tackling the criminal gangs that undermine our border security and put lives at risk, if they are serious about tackling crime, if they are serious about tackling criminals, and if they are serious about protecting our borders, they will support the Bill. The gangs do not care about borders, or whether the people they exploit live or die, but we have a responsibility to the British people, who rightly expect our borders to be secure, to go after the criminal gangs that are undermining them. We have a moral duty to prevent further tragedies, and stop the gangs that undermine border security and put lives at risk. I commend the Bill to the House.

--- Later in debate ---

[Lewis Cocking (Broxbourne) (Con)]

We must bring migration numbers down. They have simply been far too high for far too long. My constituents say that to me loud and clear, and I completely agree with them. Unfortunately, despite the Home Secretary’s words, I am not convinced that the Bill will go far enough. The Government have ignored the National Crime Agency, which has stated that a deterrent is essential to prevent small boat crossings. They are now repealing the legal basis of the deterrent that the last Government introduced, ignoring the fact that there has been a 30% rise in small boat crossings since they took office.

The Government are ignoring their own Back Benchers, who just last week were calling for a stronger stance on immigration, by repealing the laws introduced by the previous Government to toughen up the system. The Illegal Migration Act 2023 placed a duty on the Secretary of State to remove illegal migrants to their home country or a safe third country and ensured that those entering this country illegally would never be eligible for British citizenships. No ifs, no buts: someone entering the UK illegally should never be able to claim citizenship. British citizenship is a privilege, not a right. What message does repealing those measures send to our constituents or those considering the dangerous crossing? Frankly, it shows that if someone manages to get to the UK illegally, this Labour Government will let them stay for good.

I fully support what the shadow Home Secretary, my right hon. Friend the Member for Croydon South (Chris Philp) has set out this afternoon and support the Conservative amendment. Citizenship and permanent residency should not be handed out freely. The ability to access that status should be heavily restricted. It must not be available to those who have a criminal record, have claimed benefits or have accessed social housing. We must be clear that individuals who enter the country illegally should never be granted indefinite leave to remain or citizenship, and I am disappointed that the Bill does the exact opposite.

Clauses 1 to 12 provide a framework to enable Border Security Command to fulfil its role as an effective border security system and set out that the commander must minimise threats to our border security. The commander has been in place since September—what has this new organisation been doing in that time? It certainly has not tackled the threats to our border security; as I have said, small boat crossings are up by 30% since July.

My constituents want to see immigration, both legal and illegal, under control. As their MP, I will vote for measures that reduce net migration numbers to avoid the situation recently forecast by the Office for National Statistics. This Bill fails to do that.