Nationality and Borders Bill

Lord Davies of Gower Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, what a great pleasure it is to follow the noble Baroness, Lady Jones of Moulsecoomb.

I understand and appreciate the intentions behind the Bill and, in particular, I recognise the challenges it seeks to address. The Bill has many aspects that I would wish to comment on in the time allowed, but I will confine myself to what has led to the need for this legislation—the issues created by unscrupulous organised gangs of criminals who prey on vulnerable people of all ages by illegally facilitating their entry into the UK by crossing the channel from France to England. Let us not forget that these are people at risk who are in the main seeking refuge from a variety of issues, be it conflicts, persecution or aggression in their own country. It is, of course, only humanly right that as a nation the UK shows compassion to those in their hour of need and provides the necessary sanctuary to those properly seeking our help. Of that there is no doubt at all, but, of course, this brings me to the heart of the matter.

The question arises as to why these migrants, having arrived in a safe country within the European Union, put all at risk in order to cross one of the busiest shipping channels in the world, having paid what is usually an extortionate sum of money to travel in what amounts in many cases to no more than a rubber dinghy with paddles. Maybe French hospitality is not quite what it is made out to be, but it is clear that these migrants would not be able to make their voyages across the channel without organised criminals facilitating their passage. The Bill seeks to address the issue of refugees arriving illegally, distinguishing between those who arrive directly from a country or territory where their life or freedom was threatened and those who do not.

My real concern—I take the opportunity of Second Reading to express it—lies with the marked lack of effectiveness of those tasked with combating cross-channel illegal immigration. It might well be said that if our law agencies were more effective in countering these gangs, parts of this Bill would be superfluous. What troubles me most is an apparent lack of cohesion between the agencies with regard to the use of intelligence. From previous experience, I am more than aware that knowledge is power, and, as a consequence, organisations, including law enforcement, are often drawn into intelligence silos.

As it stands at the moment, from what I am given to understand there is every reason to believe that this is the case in relation to the agencies tasked with countering cross-channel illegal immigration. Whether it be the National Crime Agency, the various police forces, Border Force, HM Customs or any other interested agency, there is a clear failure to have any effect whatever on the numbers crossing the channel. So I am not convinced. As robust as the Bill might seem, whether it will have any influence on the numbers crossing the channel is doubtful. After all is said and done, that should be the goal in order to prevent some of the most horrible drownings that we have witnessed in recent times.

I can see that the Bill is a step forward, a brave attempt indeed, in the battle to deter immigrants from entering illegally by streamlining what in reality amounts to a very difficult process. August 2020 saw the appointment of a Royal Marine, Dan O’Mahoney, as the Clandestine Channel Threat Commander. We were given to understand that in this new role Mr O’Mahoney would be leading the UK’s response to tackling illegal attempts to reach the UK. He would have the primary responsibility for making the channel route unviable for small boat crossings. He would collaborate closely with the French to build on the joint work already under way, urgently exploring tougher action in France, including stronger enforcement measures, adopting interceptions at sea and the direct return of boats. The Home Secretary said:

“Dan’s appointment is vital to cutting this route by bringing together all operational partners in the UK and in France”.


It does not seem to be the case. It is now reported that the number of people who crossed the English Channel in small boats last year was treble the number in 2020. According to the BBC, it shows that at least 28,431 migrants made the journey in 2021, despite huge UK hard-earned taxpayer contributions being invested in France to prevent crossings.

Last November, just over 1,000 people reached British shores aboard 33 boats. This wholeheartedly supports my theory of a lack of co-ordination with regard to intelligence and, in particular, the apparent lack of collaboration with French counterparts by Mr O’Mahoney and others. I strongly maintain that until there is proper intelligence co-ordination, particularly with the French—where that is possible, post Brexit—no amount of legislation will solve the illegal immigration problem in respect of the channel crossings, in my humble opinion.

To conclude, the fact remains that, as vigorous as the Bill is in dealing with those who have arrived illegally in the UK, the primary objective of any law enforcement agency must be the prevention of crime at whatever level. In that, I fear, we are being failed at all levels by those entrusted with that task.