Border Security, Asylum and Immigration Bill

Lord Davies of Gower Excerpts

Monday 24th November 2025 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I thank my noble friend Lord Jackson of Peterborough for tabling Motion A1, that this House,

“do insist on its Amendment 37”.

The amendment that we made to the Bill on Report has a simple purpose. My noble friend simply wishes the Home Office to publish data on overseas students, and that is a wish that I share.

The reason given by the other place for disagreeing with our Amendment 37 is that they,

“do not consider it appropriate for there to be a statutory requirement to publish the data listed in the Amendment, the release of which should be determined within the wider publication of official statistics on migration”.

I agree with the basic premise here that an amendment to primary legislation is not necessarily the best way in which to force the publication of statistics. Ideally, we would not have to go down the legislative avenue to get the Home Office to publish these statistics. However, when my noble friend has repeatedly asked the Government to do so and they still refuse, this is the only option that we are left with.

There is a very simple solution to all this—just publish the data. The Home Office must know how many visas it revokes and how many people it removes from the country. Surely, it knows how many of those revocations and removals are of foreign students. I wholeheartedly support my noble friend in trying to force the publication of this data and, should he decide to test the opinion of the House, we will support him.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Jackson, for tabling his amendment, but I hope that I can persuade the House that no Division is required. We will see. I hope to persuade the House of that in due course.

The Bill returns to this House having been considered in the other place on Wednesday 19 November, during which the government amendments to the Lords stages of the Bill were approved by the elected House of Commons. As the noble Lords, Lord Harper and Lord Jackson, mentioned, migration policy is a fluid issue. There are always issues that we are bringing forward. My right honourable friend the Home Secretary has brought forward proposals that I spoke to in this House on Thursday 20 November, and there is a further Statement on legal migration issues tomorrow evening in this House, if Members wish to participate and hold the Government to account still further.

As noble Lords know, Amendment 37 from the noble Lord, Lord Jackson of Peterborough, was taken to the other place having been approved by this House. The other place rejected that amendment, which would mandate the Home Secretary to collate and publish statistics on the number of overseas students who have had their student visas revoked as a result of the commission of criminal offences, the number of overseas students who have been deported following revocation of their student visas and the number of overseas students detained pending deportation following the revocation of their student visas.

I maintained at the time—and, dare I say it, without wishing to provoke the noble Lord to press this to a Vote, I maintain still—that there is no requirement in primary legislation and it would be unnecessary. It would undermine the mechanisms in place to ensure the appropriate publication of statistics in full so that the context of migration statistics already published is known. I note the view put forward by the Liberal Democrat Benches in the debate in the other place that the amendment would not help to tackle organised crime nor improve border security, nor would it strengthen the Bill. As I set out when debating the amendment in Committee and on Report, the Government see the value of transparency, hence the vast quantity of statistics that the Home Office already publishes on a regular basis, in line with the Statement of Compliance with the Code of Practice for Statistics.

The Home Office regularly reviews the official statistics being published and takes into account a number of factors including user needs, the resources required to compile the statistics, and the quality and availability of such data. I again confirm for the House that having requirements in legislation is not needed or appropriate. While I recognise and value transparency, it is critical to ensure due process for the accuracy and quality of data, which can be achieved within existing mechanisms for official statistics to be released.

However—this is where I come to my “however”—I note the interest in this topic and am anxious to try to make some progress. I do not wish to have further ping-pong between both Houses, if at all possible. I can therefore make the commitment to the House tonight that, subject to the proposed new clause not being included in the Bill—in other words, the amendment to the Motion not being pressed this evening by the noble Lord, Lord Jackson—the Government will review and publish the data held on the number of students who have had their visas revoked due to criminality. These statistics will cover a defined period and will be broken down by nationality of the offender, as was stipulated in the noble Lord’s original amendment. I hope that this commitment will provide Members of the House with reassurance that the Government take seriously the importance of transparency in the immigration system through the publication of statistics.

The proposal I put to the House tonight provides what I would argue is an achievable, non-legislative solution to what the noble Lord, Lord Jackson, and others have called for. This approach will embed publication of the requested data in the wider mechanisms for Home Office publication of statistics, ensuring that the outcome is of high quality and is appropriately produced along with other data. I urge Members of the House to support this approach by approving Motion A.