Border Security, Asylum and Immigration Bill (Third sitting)

Matt Vickers Excerpts

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[The Chair]

Will everyone please ensure that they have switched off any electronic devices or turned them to silent mode?

We now begin line-by-line consideration of the Bill. The selection grouping for today’s sitting is available in the room or on the parliamentary website. It shows how the clauses, schedules and selected amendments have been grouped together for debate. The purpose of the grouping is to limit, in so far as possible, the repetition of the same points in debate. The amendments appear on the amendment paper in the order in which they relate to the Bill.

A Member who has put their name to the lead amendment in a group is called first. In the case of a stand part debate, the Minister will be called to speak first. Other Members are then free to indicate that they wish to speak in the debate by bobbing. At the end of the debate on a group of amendments, new clauses or schedules, I shall call the Member who moved the lead amendment or new clause to speak again. Before they sit down, they will need to indicate whether they wish to withdraw the amendment or the new clause or seek a decision. If any Member wishes to press to a vote any other amendment in a group, including grouped clauses and new schedules, they need to let me know.

I hope that that brief explanation is helpful. I remind Members about the rules on declaring interests, as set out in the code of conduct.

Clause 1

The Border Security Commander

[Matt Vickers (Stockton West) (Con)]

I beg to move amendment 10, in clause 1, page 1, line 6, leave out

“designate a civil servant as the”

and insert “appoint a”.

This amendment would remove the requirement for the Border Security Commander to be a civil servant.

[The Chair]

With this it will be convenient to discuss clauses 1 and 2 stand part.

[Matt Vickers]

It is a pleasure to serve under your chairmanship, Dr Murrison. The subject of this Bill is incredibly important to this country and its future. I hope that, during the next two weeks, the Committee will give us a constructive opportunity for the consideration and strengthening of the Bill.

Let me briefly outline our first amendment. Clause 1 creates the Border Security Commander as a statutory office holder, and requires that the Secretary of State must designate a civil servant as the Border Security Commander. As Tony Smith, former director general of the UK Border Force, said in evidence to the Committee:

“I am not sure he will actually be able to command anything. He is probably going to be more of a co-ordinator.”––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 40, Q43.]

That is why we tabled amendment 10, which would remove the requirement for the Border Security Commander to be a civil servant.

The status of the Border Security Commander—as well as the commander’s functions and priorities, which I will come to in discussions on later amendments—is crucial if the role is to be in any way meaningful. As the Minister is aware, there are organisations that do not require civil servants to run them. Such a structure ensures their independence and reduces the internal day-to-day political struggles that can easily be imposed on them. Allowing recruitment from outside the civil service may also provide a wider talent pool and prevent the role from being relegated to that of yet another senior civil servant in the Department. We heard evidence about the wide array of roles in the Home Office already. The amendment would highlight the clear distinction between existing positions and the importance of securing our borders.

I would be grateful for the Minister’s answers to the following questions. Why have the Government decided that the Border Security Commander must be a civil servant? What is the operational benefit of that decision? Why would the Border Security Commander not benefit from greater independence? What level of seniority will the Border Security Commander have? In evidence to the Committee, Tony Smith assumed that the post would likely be a director general. Is he correct? If so, why have the Government made that decision? Fundamentally, if Mr Smith is correct and the Border Security Commander cannot actually command anything—we will discuss that in detail when we come to later amendments—what is the point of the position?

Clause 2 sets out that the Border Security Commander must

“hold and vacate office in accordance with the terms and conditions of the Commander’s designation,”

and that the

“terms and conditions of a designation as Commander are to be determined by the Secretary of State.”

That is all the information we get. Will the Minister explain what the terms and conditions of a designation as commander will be? Let us compare the situation of the Border Security Commander, who is allegedly responsible for the security of our border, with that of the Metropolitan Police Commissioner. The Police Reform and Social Responsibility Act 2011 sets out that the commissioner has to be suitably qualified; will the Minister explain why no such requirement appears to exist in the legislation for the Border Security Commander? What would count as suitable qualifications for someone to take up the post of commander?

If the Secretary of State determines that a person’s designation as commander should be terminated, the Secretary of State must give the commander a written explanation of the reasons, give them an opportunity to make written representations and consider those before making a final decision. That seems sensible and in line with other positions, such as the Met Commissioner, that ought to be vaguely comparable in terms of responsibility.

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

It is a pleasure to serve with you chairing our proceedings, Dr Murrison, and I look forward to many hours of that—as I am sure you do.

I will set out what clauses 1 and 2 do and hopefully persuade the Committee that amendment 10 is not required. The clauses set out the role of the Border Security Commander and detail the terms and conditions under which they hold the office. The purpose of the Opposition’s amendment 10 is to remove the requirement that the Border Security Commander be a civil servant. The hon. Member for Stockton West—I will learn all Members’ constituencies by the time we get to the end—seemed to say that he thought there was operational benefit in complete independence. I suppose that is one way of looking at it, but there is also benefit in co-ordination and in being attached to a central strategic point. The Government believe that that attachment, rather than total independence for the sake of it, is more likely to be effective.

Amendment 10 implies that the Border Security Commander should not be a civil servant. The role of the commander is a civil service role and the Border Security Command is a directorate within the Home Office. In a future recruitment exercise, existing civil servants could be appointed or the role could be advertised externally. Under the arrangements in clause 1 there is no limit one way or the other on where the Border Security Commander might come from—they could be internal or external. I hope that is some reassurance.

The mechanism of appointment is a civil service recruitment campaign to ensure that the best candidate is selected on merit. Given that the role sits within the Home Office and leads the functions of a directorate in the Department, it is logical that the role would be a civil service role. The idea is to cohere, not to fragment the work that is done. I see it very much as ensuring that all the cogs across Government connect with one another, so that when we turn the wheel we get something out at the end, rather than having a load of cogs that do not connect, which would not lead to a more effective outcome.

Clause 1 sets out that the Secretary of State must designate a civil servant as the commander and will make the necessary arrangements to ensure that resources are available to support them in exercising their functions. The Bill will place the Border Security Commander on a statutory footing, which will future-proof and solidify the role and ensure a clear direction and leadership for the UK’s border security system. Placing the Border Security Commander under this new legal framework is a clear signal of our determination to tackle organised immigration crime by going after the criminals who put lives at risk and undermine our border security.

Clause 2 details the commander’s terms and conditions and how they will hold, maintain and vacate the office. This clarity is necessary to ensure continuity in the role, and it underlines the Government’s commitment to making the Border Security Commander an enduring office.

--- Later in debate ---

[Tom Hayes (Bournemouth East) (Lab)]

It is a pleasure to speak under your chairpersonship, Dr Murrison. I want to take on a principled point that I have heard levelled by the hon. Member for Stockton West and other Conservative Members today and on Second Reading, which is that the Border Security Commander cannot command. It is really important to address that point.

From 2018 to 2023, we saw the number of small boat arrivals increase from 299 to 29,500. That is a hundredfold increase. As I understand it, some of the explanation given by the Conservatives is that the matter became very complicated, and we were seeing an increase in organised crime activity. To their credit, that was reinforced by the director general of the National Crime Agency, Rob Jones, who said

“The problem that I focus on is the organised crime element, which needs concurrent effort in a number of areas, designed to undermine the business model that supports organised immigration crime. That means tackling illicit finance; the materials that are used in smuggling attempts and the supply chain that supports them; the high-value targets based overseas who are involved in supplying materials and moving migrants”.––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 29, Q28.]

Those were just some of the things he highlighted.

If we acknowledge that the present Government face a more complicated situation, we should agree that it will involve a suite of tools. As Rob Jones said,

“There is not one thing that you can do to tackle these problems”. ––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 29, Q28.]

Sarah Dineley, the deputy chief Crown prosecutor, concurred with her colleagues and said:

“I do not believe that there is one single measure that would impact so significantly that it would reduce migrant crossings to zero.”––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 30, Q28.]

Jim Pearce, the National Police Chiefs’ Council lead for organised immigration crime, highlighted the same point.

If the situation is so complex and there is a need for the suite of tools that are being strengthened by this Bill, surely there is a need for greater co-ordination. Greater co-ordination will surely help to fix some of the strategic challenges that our immigration system and asylum system have faced in recent years. To co-ordinate is to command, and it is crucial we accept that point. If we do not, we will not be able to tackle the backlog we face, we will not be able to implement the measures in the Bill and we will not be able to secure our borders.

Amendments have been tabled in relation to aspects of the Border Security Commander role, but I am not entirely certain whether the Conservative party supports the role of Border Security Commander at all. On Second Reading, we heard colleagues asking what Martin Hewitt is doing with his time. I would welcome the hon. Member for Stockton West explaining whether the Conservative party does in fact support the role of Border Security Commander and Border Security Command. We heard clearly from those who gave oral testimony, who are operationally focused, experienced and expert in their field, about the necessity of such a command. Indeed, Enver Solomon, the chief executive of the Refugee Council, summed it up well when he said that

“the Border Security Command is an understandable response.”––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 5, Q1.]

[Matt Vickers]

We will discuss when we come to the next group of amendments the aims and objectives of this role, and the fact that if we are going to have a Border Security Commander, they should have a very meaningful role that can make a real difference. I would like to press on clause 2 of the Bill, which talks about

“The terms and conditions of a designation as Commander are to be determined by the Secretary of State.”

I would be grateful if the Minister could explain to the Committee what those terms and conditions of designation might be? As I mentioned, the Police Reform and Social Responsibility Act 2011 sets out how the Met commissioner must be suitably qualified. What sort of qualifications could we expect to see in a commander and what will those terms and conditions be?

[Dame Angela Eagle]

I do not want to read out the job description, which was put out there ahead of Martin Hewitt being appointed last year. It is there for all to see, it is a public document. The role is very much about being able to operationally cohere the system and to make certain by the operation of the Border Security Commander’s board, upon which sit many of the other parts of Government that need to have regard to the strategy, that we decide how to take forward and deal with threats to our border security. It is not really rocket science, and I do not think that there would be much to be gained from putting the details of all of that into primary legislation.

It is important that as the threats to our border security evolve, which they certainly will do over time, that we do not find ourselves with a very rigid set of requirements in primary legislation, which is hard to change. The idea is to have convening powers to give flexibility to the commander to ensure that he can bring together all of the forces across Government that are charged with security in this area and ensure that the focus on organised immigration, crime and border security is always at the forefront of the work that they do.

--- Later in debate ---

[Dame Angela Eagle]

It is true that independence has a very valuable part to play, particularly in holding Government structures to account. For example, the independent inspectors of our detention or prison estates who are allowed to go in and publish without fear or favour regarding what they find there. That is obviously a very important role where independence matters. But in this context, the Border Security Commander is cohering the effect and the work across Government that is trying to keep our borders properly protected. That is operational. It ties into the diplomatic and political as well, although obviously Ministers have an important part to play in that too.

The hon. Lady has nothing to worry about when it comes to the Border Security Commander sitting in a civil service context given that nothing in this Bill means that anyone who was not a civil servant when they applied to the post of Border Security Commander would be excluded from consideration. Being in the civil service to begin with is not a requirement.

[Matt Vickers]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Clause 3

Functions of the Commander

[Pete Wishart (Perth and Kinross-shire) (SNP)]

I beg to move amendment 1, in clause 3, page 2, line 29, at end insert—

“(1A) In exercising the Commander’s functions, the Commander must have full regard to the provisions of—

(a) the Human Rights Act 1998; and

(b) the Council of Europe Convention on Action against Trafficking in Human Beings.”

This amendment would confirm that the Commander must have full regard to the Human Rights Act and the European Convention on Action against Trafficking.

--- Later in debate ---

[Pete Wishart]

Police Scotland has a chief constable who is in charge, but in “Scot Squad”, Commissioner Miekelson is a chief commissioner. It is only right that we point out these distinctions; there is a significant difference between that mythical, fictional character and the reality of the role of chief constable, which is very efficiently and effectively looked after by the current inhabitant of that post.

I know you want me to get on to the particular amendment, Dr Murrison, so thank you for your forbearance and patience. My amendment confirms that the,

“Commander must have full regard to…the Human Rights Act 1998; and…the Council of Europe Convention on Action against Trafficking”.

The Minister is likely to tell me that none of that is necessary as human rights compliance is already implicit with Government operations. However, without these explicit legal mandates and safeguards, all of that can be overlooked. If the Minister is asking us to agree to 12 clauses at the outset of a Committee for an important Bill, relating to a job that is already being done, surely we can agree that one of these functions should be about the observance of our very important international obligations under the Human Rights Act 1998 and the Council of Europe convention on action against trafficking in human beings.

I do not think anybody is opposed to the border commander; I know there are a few jokes about his comparison to Chief Miekelson, but all of us agree that the Minister is establishing a necessary and useful role. I do not think, even though she was trying to chide her Conservative colleagues, that there was much disagreement from anybody on whether this is a useful role that could help bring together quite a lot of the structure and infrastructure that is responsible for operating our border security. There is a discussion about a lot of his tasks being administrative. There is nothing wrong with that, but for something as important as this, everybody would like to think that where there is administration, it will be effective and put in place in a way that we could look at it.

However, we need further clarity on the roles, functions and responsibilities of the border commander. Clause 3 is supposed to be the place where we find all of those things, but the one thing that the clause does not do is outline fully, perfectly, roundly and coherently what the actual functions of the border commander will be. Even if we look very carefully in all the different subsections, it does not say much about what he is expected to do. It lists a number of administrative responsibilities he will have, which is fair and fine, but all of us discussing the role of the border commander in the Committee would like to understand what he will be doing—what are his jobs, what are his functions, what responsibilities will he have, how will these things be discharged, and how will he be open to the type of scrutiny that we, as Members of this House, require?

There are provisions that seem to speak about the functions without actually identifying any of them. The only place where we can find objectives in clause 3 is subsection (1), but they are only objectives to which the commander must have regard. That is important. It just says he must “have regard” to the particular responsibilities that are outlined in the subsections. Subsections (7) to (9) are particularly interesting because they seem to suggest that people smuggling and human trafficking to the UK are to be regard as threats to border security. That seems fair enough; most of the Bill is about the perceived threat—disrupting networks and tackling the gangs that operate their vile trade across the channel.

Here is the thing: the people who board these boats are subject to the constraints imposed by these gangs and are at their mercy. They are controlled and reliant. Those people are totally and utterly ignored in the subsections in clause 3. Their realities—their need and right to seek safety, reunite with family and escape situations of extreme deprivation—are ignored, even though they have everything to do with the responsibilities and functions of the commander. As a matter of principle, then, it is vital that the Bill should be amended so that the Border Security Commander has regard to objectives concerned with respecting human life and dignity, and that must include specific shared obligations to provide asylum to people fleeing persecution and to enable victims of human trafficking to have security and safety from their enslavement.

There are concerns that, if border enforcement strategies do not include these protections for vulnerable individuals and victims of modern slavery, trafficking victims will enter further cycles of exploitation. In prioritising enforcement over protection, as the Bill does almost exclusively, we risk wrongfully criminalising victims of trafficking and failing to identify those in need of urgent intervention—or, worst of all, sending them back to their exploiters. If we stand by our commitments under the Council of Europe convention on action against trafficking in human beings, the Bill should ensure that the commander respects those obligations too.

As we have discussed, the commander is a civil servant. I have taken no great view on that, and I listened carefully to the exchanges about the civil service role, but I have a couple of concerns in relation to my amendment 1 that I would like the Minister to address. The civil service code does not give a clear, enforceable duty to respect the UK’s obligations under international law. I am pretty certain that the Minister will tell me that there is a general obligation to comply with the law and our international obligations, as that is expected and anticipated in everything that the Government do through all their responsibilities and actions.

However, I refer the Minister to the recent case in the High Court. That was, of course, R (on the application of FDA) v. Minister for the Cabinet Office and others. I think the Government actually won that court case, which meant that any of the civil servants who were involved in compiling regulations had to abide by the legislative context but did not have to oblige and comply with the international obligations. At best, it is unclear, so I ask the Minister to clarify: will the Border Security Commander, who will be a civil servant, always be obliged—totally and utterly—to fully respect all our international obligations, particularly those around the HRA and the ECAT?

Without those specific obligations in the Bill, the Border Security Commander will be presumed always to prioritise enforcement over vital legal protection, potentially leading to human rights violations. Although the commander is required to comply with instructions set by the Home Secretary, which again I think everybody would accept is right and appropriate, they are not explicitly required to comply with the UK’s human rights obligations. For me, that is totally wrong, and it completely skews the whole modus operandi of our Border Security Commander and features of the Bill. I will come back to that as the Bill progresses.

We need to see this change to the Bill. We have 12 clauses and various subsections dedicated to the role and the functions of the commander. Let us have one—just one—that says that he must be prepared and obliged always to act in line with all of our obligations on international responsibility, being a good international actor, being a place that is recognised for exemplary human rights requirements and being signed up to the HRA and to ECAT. Let us put that in the Bill.

[Matt Vickers]

I have not come across Chief Commissioner Miekelson before, but I will endeavour to catch up on Netflix or iPlayer.

[Dame Angela Eagle]

We are all going to be doing that.

[Matt Vickers]

Clause 3 sets out the functions of the Border Security Commander. The shadow Home Secretary, the right hon. Member for Croydon South (Chris Philp), correctly pointed out on Second Reading that the new Border Security Commander

“cannot actually command anything. There are no powers at all in the Bill, merely functions. They include, in clause 3, publishing a strategic priority document and, in clause 4, a duty to prepare an annual report…the Border Security Commander has no clear powers, merely an ability to publish documents and reports.”—[Official Report, 10 February 2025; Vol. 762, c. 69.]

According to the legislation, the functions of the commander

“must have regard to the objectives of…maximising the effectiveness of the activities of partner authorities relating to threats to border security, for the purpose of minimising such threats, and…maximising the coordination of those activities for that purpose.”

That sounds suspiciously like a co-ordinator, rather than a commander. That is exactly what the legislation states: the commander does not appear to be empowered by the Bill to command anyone.

Subsection (5) defines a partner authority as a

“public authority with functions in relation to threats to border security (whether exercisable in the United Kingdom or elsewhere)”,

but—in subsection (6)—

“not…the Security Service…the Secret Intelligence Service”

or “GCHQ”.

Will the Minister confirm what is meant by partner authorities? Does she have a list of likely organisations that the Border Security Commander should be able to direct co-operation with? How far does she think that the Border Security Commander will be able to have an impact on public authorities abroad? For example, what role might French law enforcement be expected to play in having regard to the commander’s strategic priority document?

The Opposition have tabled amendment 13, which would enable the Home Secretary to direct other agencies to support the Border Security Commander’s objectives and strategic priorities, specifically Border Force, Immigration Enforcement, police and crime commissioners and the National Crime Agency. Ideally, we would like the Border Security Commander to have a meaningful role and the ability to direct other agencies. As the Government seem unwilling to do that, however, we thought it might be possible for the Home Secretary to give the Border Security Commander a little support.

If the Minister does not want to accept amendment 13, I would like to understand why not. Why do the Government seem willing to allow the commander only to co-ordinate, rather than to command? Why could the Home Secretary not add some additional impetus?

The clause requires the Border Security Commander to issue a strategic priority document that sets out the principal threats to border security when the document is issued, and the strategic priorities to which partner authorities should have regard in exercising their functions in relation to any of the threats to the border identified by the commander. We have tabled amendment 12 to ensure that the strategic priority document supports the Home Office’s UK border strategy. We are attempting to ensure that the Border Security Commander is aligned with the rest of the Home Office’s work to secure the border. I am interested to understand why the Minister is not willing to accept that amendment.

[Becky Gittins (Clwyd East) (Lab)]

It is a privilege to serve under your chairship, Dr Murrison. Given the representations made by the hon. Members for Stockton West and for Weald of Kent, something seems strange and I would appreciate an explanation. The hon. Member for Stockton West is speaking to amendment 12 and the necessity of supporting the Home Office’s UK border strategy. Given the hon. Member’s comments about the Border Security Commander having a role within the civil service, why does he want the commander to adhere to the Home Office’s UK border strategy, which is headed up by a director general who is a civil servant?

[Matt Vickers]

If we are to have such a position, we want it to be effective and have the relevant powers, but we also want it to be aligned with the other priorities of the Home Office and the work going on there. I think that is clear.

Amendment 11 would remove the requirement for the Border Security Commander to obtain the consent of the Secretary of State before issuing the strategic priority document. We would like to understand the operational benefits of the Secretary of State having to sign off the strategic priority document, which again highlights the lack of a meaningful role for the Border Security Commander. Although the strategic policy document should set out what are, in the commander’s view, the principal threats to border security and the strategic priorities to which partner authorities should have regard, in reality the document is a diktat from the Secretary of State about the Secretary of State’s views, and that arguably exposes a lack of influence and gravitas in the Border Security Commander’s role.

Allowing the commander to issue a strategic priority document without seeking prior permission from the Secretary of State would provide a welcome level of independence for the role. The oversight and consultation of the board would ensure confidence in the Border Security Commander’s ability to take all necessary steps to stop the crossings. There may be occasions when the commander believes it is necessary to act swiftly and to implement changes without delay. Removing the requirement to have ministerial consent would allow them to act decisively. That approach, I am sure, could subsequently be supported by the Secretary of State.

[Chris Murray]

What, then, is the hon. Gentleman’s view of how UKBA functioned? In her testimony, Theresa May said that, where it had that kind of independence, it became “closed, secretive and defensive”, and she had to completely restructure UK border defence because the independence that the hon. Gentleman is talking about actually made it difficult for Ministers to have proper oversight.

[Matt Vickers]

When we talk about the Border Security Commander role, if we think it is going to “smash the gangs”, sort out all these problems and play a huge part in creating a secure border for this country, it is important that we allow it some element of independence and gravitas. We have talked about the commander being tied into the strategic priorities of the Home Office, but this amendment is about empowering them to make the difference that we want them to make. We want them to succeed.

As I was saying, removing that requirement would allow the Border Security Commander to act decisively. We must avoid unnecessary bureaucratic wrangling and ensure that, in this critical matter, they have the freedom they need to deliver results.

[Tom Hayes]

I have two quick points. First, the hon. Member talked about whether the Border Security Commander could somehow command or direct the activities of our international partners. I would highlight that this Government have strengthened and created the new international arrangements that have made it possible for us to start to secure and securitise our borders. It is important not to pretend that the history of what has happened did not happen; we should realise that we need to have close international ties.

Secondly, I am listening closely to the hon. Member’s suggestions for how the role could be improved. Is he proposing these amendments because the current office holder, Martin Hewitt, is not discharging the office in the way that he would like? Could he comment on whether he thinks that Martin Hewitt is doing a good job or a less-than-good job, and whether he thinks that the Border Security Commander role, as it is currently being discharged, is satisfactory?

[Matt Vickers]

At some point, Martin Hewitt will be superseded. We want to make sure that whoever is in this role is in the best possible position to do the best possible job. I do not think that these measures are necessarily about Martin Hewitt’s effectiveness or otherwise; they are about this post and its fundamental role—well, its apparent fundamental role—in delivering border security for this country.

[Tom Hayes]

It is not about Martin Hewitt’s professional competence or his ability as a person to do the role; it is about the role itself. Based on how the role has been configured, does the hon. Member believe that the present office holder is discharging the role well, with the responsibilities given, or is he proposing these measures because he believes that somehow the role is lacking?

[Matt Vickers]

I think there is an opportunity to strengthen this role so that it can provide that real fundamental change that we are apparently looking for in this Bill. I would not necessarily want to comment on the individual.

We have tabled new clause 21 to set out some clear and measurable objectives for the Border Security Commander, to attempt to give this co-ordinator some clear direction. New clause 21 would set out that, in exercising their functions, the commander

“must have regard to the objectives of…preventing the boarding of vessels, with the aim of entering the United Kingdom, by persons who require leave to enter the United Kingdom but are seeking to enter the United Kingdom…without leave to enter, or…with leave to enter that was obtained by means which included deception”.

In effect, we want it in black and white in the Bill that the commander will be given the objective of reducing illegal entry to the country, and that is what new clause 21 would achieve.

Since 2018, when the figures were first recorded, more than 150,000 people have arrived in small boats. As of 29 January, 1,098 people had crossed the channel since the start of 2025. In 2024 as a whole, 36,816 people were detected making the crossing. I would like to understand why the Government do not think it is worthwhile to give the Border Security Commander the direct objective of reducing or even ending those arrivals.

We also wish to ensure that those who arrive in this country illegally will not be able to stay. We know that effective returns agreements work as a deterrent. When in government, we cut the number of Albanian illegal migrants coming to the UK by small boat crossings by more than 90%, thanks to our returns agreement. In 2022, 12,658 Albanian illegal migrants arrived in the UK by small boat, but that fell to just 924 in 2023, following our landmark returns agreement with Albania.

We have therefore included in new clause 21 the objective for the Border Security Commander to ensure that a decision on a claim by a person who has arrived in the UK illegally is taken within six months of the person’s arrival, and for the commander to make arrangements with a safe third country for the removal of people who enter the UK illegally. It is up to the Government to put in place an effective deterrent to people crossing the channel in small boats.

[Mike Tapp]

I find it quite astounding that there are any claims of success from the Opposition, given that we saw 299 people cross in 2018 and then an exponential rise of over 130,000 on the Conservatives’ watch. The hon. Gentleman is talking about a deterrent, but four people went to Rwanda and over 80,000 people crossed when that scheme had been introduced.

Importantly, the whole system in the Home Office had completely ground to a halt. There is another deterrent that was overlooked by the Conservatives during their tenure, and that is having a process that actually functions. We now have record high deportations, and as that message cuts through to people who are looking to cross, it will start to serve as a deterrent.

[Matt Vickers]

I thought that we would get a bit further through the Bill before we got into records. In real terms, there has been a marked increase in the number of people coming here since this Government took office—small boat crossings are up by 28%. We now have 8,500 more people staying in hotels across the country—up by nearly 29%. We were closing hotels. The hon. Member talks about the number of people being deported, but they are voluntarily going back. In real terms, the number of people who have arrived on small boats being returned went down, and in the most recent figures, it has gone down again. We have not been sending back those people who have arrived in small boats since this Government took office—that is just not the case.

[Mike Tapp]

I thank the hon. Member for giving way again; I will not make a habit of it. It is important to realise that the processing of those who come into Western Jet Foil and then Manston takes time, but of course they will be deported, if they are not genuine refugees, once the system gets there.

It is also important to note something else. Being the Member of Parliament for Dover and Deal, I often look out across the sea, and I can tell when it is a good day to cross and when it is not. On those days when it is viable to cross, crossings have reduced. The Conservatives were relying only on the weather to bring down boat crossings.

[Matt Vickers]

I think, in the last week, we have found that the only thing that this Government are relying on is the weather, but I will carry on. I am sure we will come back to all these things in due course; it is good to be discussing them here instead of on a news channel somewhere.

As the Government are repealing the Illegal Migration Act 2023 and the Safety of Rwanda (Asylum and Immigration) Act 2024 with this Bill, we want to make sure that the Border Security Commander is empowered to ensure that all relevant agencies are working towards taking timely decisions on any claims by illegal immigrants, and removing those who enter the UK illegally.

[Becky Gittins]

I applaud the hon. Gentleman’s comments about a timely turnaround in the processing of asylum claims—something that really concerns Government Members with regard to the IMA and the Rwanda Act. Could he tell me what proportion of asylum claims under the previous Government were processed within the six-month period stipulated in this new clause?

[Matt Vickers]

I could not, but I could tell the hon. Lady that the backlog is even bigger now than it was when this Government took office.

If the Government were serious about tackling illegal crossings and creating an effective deterrent, they would support new clause 21. We also want to make sure that the Border Security Commander is transparent with the public about how best to stop illegal and dangerous channel crossings, which is why this new clause includes a requirement for the commander to make an assessment of the most effective methods for deterring illegal entry into the UK, the most effective methods for reducing the number of sea crossings made by individuals without leave to enter the UK, and the most effective methods for arranging the removal, to the person’s own country or a safe third country, of a person who enters the UK illegally. Again, if the Government were serious about protecting borders, they would support the new clause.

Clause 9 specifies that the Border Security Commander must

“comply with directions given by the Secretary of State about the exercise of the Commander’s functions under this Chapter.”

Can the Minister explain what sort of guidance the Secretary of State is likely to want to give the commander? Can she explain how the Secretary of State wishes to exercise the powers in the clause?

The SNP’s amendment 1 would confirm that the commander must have full regard to the Human Rights Act and the Council of Europe convention on action against trafficking in human beings. Given that the commander’s role, as drafted by the Government, includes no real power or responsibility, I am not sure what that amendment would actually achieve.

[Susan Murray (Mid Dunbartonshire) (LD)]

It is a pleasure to serve under your chairmanship, Dr Murrison. The Liberal Democrats would like to introduce new clause 7, because we want to strengthen cross-border co-operation and Britain’s role in that process. We also believe that we need to reverse some of the last Government’s roll-back of provisions to tackle gangs involved in modern slavery. The new clause would require the border commander to meet the executive director of Europol every three months, which would help to achieve those goals.

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[Dame Angela Eagle]

I can certainly assure the hon. Lady that I recognise the import of what she is trying to do with the new clause. Often, such proposals are hooks to hang a debate on, so that there can be a little more information about the Government’s intent. I can assure her that having close operational and diplomatic liaison across all the different structures we have to work with to deal with cross-border immigration crime is absolutely at the centre of what the Border Security Commander will want to do. When we come to it, I hope she will not press her new clause to a vote.

[Matt Vickers]

The contrast is interesting. The Opposition want to see a Border Security Commander independently empowered to make meaningful changes to secure the border, rather than another civil servant muted by political oversight. There is a big contrast in perspective in terms of whether a Home Secretary should be signing off on anything anyone in this huge role—which will make a difference to our borders—will be able to say. Secondly, I would like to understand why the Government do not think it worth the Border Security Commander having the objective of reducing or even ending small boat crossings.

[Dame Angela Eagle]

It is quite revealing that the hon. Gentleman seems to think that the natural order of things is for Ministers to be at loggerheads with civil servants and the people who are operationally charged with delivering on objectives. That may say more about Opposition Members than about the way we are seeking to achieve operational effectiveness and objectives in what we are doing.

Finally, new clause 21 focuses on the Border Security Commander’s functions in relation to tackling small boat crossings to the UK. This is an all-encompassing new clause, which goes far beyond the commander’s functions as set out in the Bill. The new clause seems to want the commander to be all things to all people.

The immediate priority is organised immigration crime-enabled small boat crossings. The Border Security Commander will, and necessarily must, evolve over time to provide the systems leadership across all threats as they emerge. Such crossings did not really emerge until 2018, but they have become embedded and more of a threat over time. Had we been discussing something like this in 2017, small boat crossings would not have featured at all. It is therefore important that our legislation allows the Border Security Commander to change approach or focus as new threats emerge. Threats evolve and change over time. Our approach accounts for that by stipulating in legislation that the Border Security Commander has particular objectives that might be important now but less important in the future. The new clause seems to me to present an overly difficult and inflexible way of moving forward.

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[The Chair]

Does the shadow Minister wish to press any of his amendments to a vote?

[Matt Vickers]

If we are to have a Border Security Commander, we want an effective one who can publish a strategy without being subject to a political veto, who has priorities aligned to the UK border strategy, and whom Home Secretaries can direct agencies to follow. We wish to press the amendments to a Division.

Amendment proposed: 12, in clause 3, page 2, line 36, at end insert—

“(2A) The strategic priority document issued under subsection (2) must support the Home Office’s UK Border Strategy.”—(Matt Vickers.)

This amendment would require that the Border Security Commander’s strategic priority document supports the UK Border Strategy.

Question put, That the amendment be made.

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[Pete Wishart]

I will not detain the Committee for long. Amendment 2 covers the same sort of terrain as my amendment 1, which sought to ensure that the Border Security Commander takes cognisance of international obligations, most notably in relation to human rights and the provisions of the European convention on action against trafficking. Amendment 2 would require the commander, when making the annual report, to make reference to his compliance, in the work that he has done, with the Human Rights Act and with ECAT. That is all I am asking. There is no good reason why that cannot be included as part of the commander’s annual accounting to the House of Commons. That would give us an opportunity to understand how part of his work has been in ensuring that those obligations have been met, and I think it would be a worthy inclusion in his annual report. I commend the amendment to the Committee.

[Matt Vickers]

Clause 4 would give the Border Security Commander a duty to prepare annual reports, which must state how the commander has carried out their functions in that financial year and set out the commander’s view on the performance of the border security system that year, with particular reference to the commander’s strategic priorities. That all seems very vague, and a case of the Border Security Commander being allowed to mark their own homework.

Can the Minister explain what success would look like for the Border Security Commander? What are the measurable key performance indicators that the Home Secretary will consider? That is important because the Secretary of State, as set out in clause 2, can dismiss the commander. What would constitute poor enough performance for that to happen, and what would be a success?

To try to inject some objectivity and accountability into the process of annual reports, we have tabled amendment 14. We would like the Border Security Commander to report on the number of persons who have, since the later of the passing of the Bill or the last annual report, been charged or convicted of offences under clause 13, “Supplying articles for use in immigration crime”; clause 14, “Handling articles for use in immigration crime”; clause 18, “Endangering another during sea crossing to United Kingdom”; or clause 43, “Articles for use in serious crime”. We want to know how effective the new offences will be in practice for achieving the Government’s aim of stopping illegal immigration.

The Government’s own impact assessment admits that very few people will go to prison as a result of the measures in the Bill. On the proposals to strengthen and improve the function of serious crime prevention orders, it says:

“It is estimated that between zero and three prison places, with a central estimate of one prison place will be required per year once the steady state is reached.”

On introducing an interim serious crime prevention order, it says:

“It is estimated that between 0 and 1.54 prison places, with a central estimate of 0.2 prison place will be required per year once the steady state is reached.”

On serious and organised crime articles, it says:

“It is estimated that between four and six prison places, with a central estimate of five prison places will be required per year once the steady state is reached.”

On new offences to criminalise the making, adapting, importing, supplying, offering to supply and possession of articles for use in serious crime, it says:

“It is estimated that between four and six prison places, with a central estimate of five prison places will be required per year once the steady state is reached.”

It is important to report on the new offences relating to immigration crime, which the Government think will not send a meaningful number of people to prison, and also on the new offence of endangering lives at sea, for which the impact assessment includes no estimate. Can the Minister confirm how many people the Government expect each year to be arrested, convicted and imprisoned under the new offence of endangering lives at sea?

[Tom Hayes]

I am wondering about the intent behind that question. Is the hon. Member concerned about the availability of prison spaces?

[Matt Vickers]

We want to see how effective the offences will be. The Government have set that out in part, but not for the new offence of endangering lives at sea, which has great consequence.

Amendment 14 would also require the Border Security Commander to report on the number of people identified as entering the United Kingdom via sea crossing without leave to remain; how many of them are detained pending deportation or a decision on deportation; and how many are deported to a country of which the person is a national or citizen, or to a country or territory to which there is reason to believe that the person will be admitted. We believe it is important to have transparency about the role of the Border Security Commander in facilitating removals. If they are charged with minimising threats to the border, removing those who enter this country illegally with no reason to remain is a big part of successfully achieving that objective.

[Mike Tapp]

It is important to note that measures of success can change. Legislating for that might mean that, in a decade, we are wasting the time of the Border Security Command and its commander. My understanding of statistics and their collection is that that is for the Home Office and the Office for National Statistics. Of course, as those who are prosecuted go through the courts, we will all be able to see that.

There may also be a slight misunderstanding about what a prevention order is and what it aims to do. It is a disruptive measure that can be used before charge to stop the vile smuggling criminals from operating. If and when they go to prison, that means that they have breached that order. The fact that the estimate is low means that there is confidence in the prevention orders succeeding.

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[Dame Angela Eagle]

Clause 5 places a duty on partner authorities to co-operate with the commander in the carrying out of their functions. The commander is tasked with maximising the effectiveness of our collective response to border security threats, which requires a whole of Government response and will be enabled by the clause. It is recognised that partner authorities have wide-ranging functions that extend well beyond tackling border security threats. The duty set out in the clause extends only so far as is appropriate and compatible with partner authorities’ other functions. That ensures that partners across the system are working in lockstep to enhance border security, while continuing to enable the vital work undertaken by partners beyond border security matters.

[Matt Vickers]

Clause 5 provides that a partner authority has duties, so far as is “appropriate and reasonably practicable,” to co-operate with the commander in carrying out the commander’s functions. It would be helpful if the Minister explained what the Government mean by

“so far as appropriate and reasonably practicable”

and under what circumstances it might be justified for a partner authority not to co-operate. Does it mean, as per subsection (2), that the partner authority would co-operate only so far as the co-operation was compatible with the exercise of its other functions, or are there other circumstances where partner authorities might not have to co-operate?

Again, the clause exposes how powerless the Border Security Commander is. The commander cannot actually command any of these partner authorities to do anything at all. Subsection (3) requires those who are co-operating with the commander in the exercise of their functions to put in place arrangements governing co-operation between the commander and that person. Does the Minister have—

[The Chair]

Order.