Asylum Hotels and Illegal Channel Crossings

Debate between Pete Wishart and Angela Eagle

Tuesday 25th March 2025 Commons Chamber

[Dame Angela Eagle]

Yes. Of course, we have to crack down on abuse of our asylum system, but also on the exploitation of vulnerable and desperate people by vicious criminal gangs.

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

During Committee proceedings on the Border Security, Asylum and Immigration Bill, I said to the Minister that it would only be a matter of time before the Government concocted some sort of Rwanda-style deportation scheme. Even I did not think that it would come so quickly, if weekend press reports are to be believed. Can the Minister say that those reports are totally not true, and will she now rule out ever implementing a third country deportation scheme like the one introduced by the Conservatives?

[Dame Angela Eagle]

I am not going to comment on leaks.

Border Security, Asylum and Immigration Bill (Twelfth sitting)

Debate between Pete Wishart and Angela Eagle

Tuesday 18th March 2025 Public Bill Committees

[Dame Angela Eagle]

I want to put something on the record before we vote. There is a specific meaning in law for the phrase “accommodation centres” under the Nationality, Immigration and Asylum Act 2002. Since that law was passed, no Government have actually stood up accommodation centres under that specific meaning. Therefore, the shadow Minister in his new clause 36 is asking for powers to enter something that does not exist.

[Pete Wishart]

While the Minister is on her feet, could she perhaps ask the Opposition spokesperson whether he actually means hotels?

[Dame Angela Eagle]

I thank the hon. Gentleman for that. I was trying to help the shadow Minister, because I thought he might be trying to talk about accommodation generally. If that is the case, we already have the powers we need to enter when and where we wish. This power is much broader, and we would not like to see it put into effect, which is why I hope the Committee will vote against the new clause.

Question put, That the clause be read a Second time.

Border Security, Asylum and Immigration Bill (Tenth sitting)

Debate between Pete Wishart and Angela Eagle

Committee stage
Thursday 13th March 2025 Public Bill Committees

[Pete Wishart]

I am not entirely sure what point the hon. Gentleman is trying to make. I think jobs being available for ordinary Scots is the general thrust of his argument and debate, but I would just challenge him to go and speak to people who are actually working and serving in the care sector—people in the NHS. If he is really interested, he could come to my constituency and speak to those in rural sectors, and in hospitality and catering, who cannot get the people to staff their businesses, which is forcing them to close, or to open part time.

That is the reality of the situation, and here we have, sitting in these hotels, people who could do these tasks and functions. Not only that, but some of them are accountants, doctors and economists. The range of skills available in each of these hotels is quite outstanding. They speak perfectly good English. All of them could do these tasks. I think it is just such a waste that they are doing absolutely nothing other than waiting the months and months—possibly even years—for their applications to be processed by this Government.

I know this Government have improved on what was happening under the Conservatives, but there is still a long way to go before we are anywhere close to an efficient system in which people are having their applications processed readily and quickly. Therefore, I support the new clause; I think it is a good one to bring forward, and I really hope that the Government listen.

[Dame Angela Eagle]

New clause 11, tabled by the hon. Member for Woking, is about giving asylum seekers permission to work in the UK. The hon. Gentleman said that that would cut welfare bills, but he should be clear that those who are awaiting asylum decisions do not have direct recourse to social security, although we do have to spend money ensuring that they are not destitute while their asylum claims are processed.

Clearly, as hon. Friends on the Committee have pointed out, the answer to some of these issues is to recreate a fast, fair and efficient system of dealing with people’s asylum claims, rather than to have backlogs, particularly regarding appeals, which leave people languishing for months—and sometimes well over a year—awaiting asylum decisions.

To that end, it did not help that the Illegal Migration Act was so dysfunctional that it actually banned us from dealing with people’s asylum claims, and meant that this Government inherited a huge backlog of people—a perma-backlog, as I think we have heard during our debates on this Bill.

Clearing through that backlog and dealing with the resultant appeals for those who fail is the Government’s task at the moment, but, looking past the immediate task, my view is that the way to deal with this issue is to recreate a fast, fair and efficient asylum system. That is the first point that I want to make in answer to the hon. Gentleman’s new clause 11.

As the hon. Gentleman probably knows, our current policy allows asylum seekers to work in the UK if their claim has been outstanding for 12 months and the delay was no fault of their own, so there is already capacity to work for those who have been particularly delayed. Those permitted to work in that context are restricted to jobs on the immigration salary list, which is based on expert advice from the independent Migration Advisory Committee—it is usually to do with shortages and the need in the economy at the time.

The policy is designed to protect the resident labour market by prioritising access to employment for British citizens and others who are lawfully resident. Lawful residence is a very important part of the system. That includes, of course, those who have been granted refugee status, who are given full access to the UK labour market. That is in line with those seeking to work in the UK under the points-based system. We consider it crucial to distinguish between those who need protection and those seeking to come here to work, who can apply for a work visa under the immigration rules and come here legally. The UK’s wider immigration policy would be totally undermined if individuals could bypass the work visa rules by lodging asylum claims in the UK. The hon. Gentleman has to understand that context, because it is very important.

Unrestricted access to employment opportunities could act as an incentive for more migrants to come here irregularly on small boats or by whatever means, clandestinely—illegally, without permission to be here—rather than claim asylum in the first safe country they reach. Although I would be the first to admit that pull factors are complex, we cannot ignore that the perception of access to the UK labour market is among the reasons why people take dangerous journeys to the UK. Therefore, opening up the UK labour market to anyone who happens to arrive on the shores, no matter how they arrived, would not help us deal with that issue, and would create incentives for more and more people to chance their arm and come here in dangerous ways.

In addition, removing restrictions to work for asylum seekers could increase the number of unfounded claims for asylum, reducing our capacity to take decision quickly and support genuine refugees. I acknowledge the concerns that the hon. Gentleman raised, but the chaos we inherited from the Conservative party has led to the backlogs that we are trying to deal with at the moment.

We have been clear that individuals who wish to come to the UK must go through safe and legal routes by applying for the visas that are available. Where the reasons for coming to the UK include family or economic considerations, applications should be made via the relevant route so they can be checked and agreed in the usual lawful way—either the points-based system, or reuniting under refugee family or reunion rules. Allowing those who have come here in an irregular fashion to work, as if there were no difference between applying for a legal visa and getting proper permission to come before arriving, would undermine the entire basis of the rules and would create many incentives that no one on this Committee would like to see.

Given that explanation and the fact that we do allow asylum seekers to work when there is a delay of 12 months or more, I hope the hon. Gentleman will withdraw his new clause.

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[Pete Wishart]

I rise in support of the new clauses, particularly new clause 18. There have been a number of references to ECAT throughout our proceedings. New clause 18 would give clarity and ensure that we are properly engaged in all the provisions of ECAT. It is designed to ensure that those caught up in human trafficking are protected, and that Governments do everything they possibly can to ensure that people are cared for and looked after. I fully support this important new clause.

[Dame Angela Eagle]

I think everybody in this Committee—I am being very generous—thinks that it is important to protect the victims of modern slavery, and we have legislation in our country to try to ensure that that happens. We also signed the Council of Europe convention on action against trafficking in human beings, and this country complies with the obligations under it.

The intention behind new clause 18 is to incorporate the convention into UK law, but UK compliance is already achieved by a combination of measures in domestic legislation, such as the Modern Slavery Act 2015 and the Nationality and Borders Act, the criminal justice system and the processes set out in the modern slavery statutory guidance for identifying and supporting victims of slavery and trafficking. Implementation and compliance with those obligations does not require full incorporation into UK law, and therefore the amendment is not required. It will not really add a lot.

On new clause 19, the Modern Slavery Act provides certain named public bodies in England and Wales with a statutory duty to notify the Secretary of State when that body has reasonable grounds to believe that a person may be a victim of slavery or human trafficking. The information provided for that notification enables the UK to fulfil its obligations to identify and support victims of slavery and trafficking. The duty to notify is discharged for adults by making a referral into the national referral mechanism where the adult consents to enter the mechanism, or by completing an anonymous entry to that mechanism on the digital system where the adult does not consent. The information provided via the digital system is used to build a better picture of modern slavery in England and Wales and helps to improve the law enforcement response, so it is important that that information is collected.

The information does not include that which identifies the person, either by itself or in combination with other information, unless the person consents to the inclusion of the information. So that information can be put in there anonymously. Child victims do not need to consent to enter the national referral mechanism. As such, the national referral mechanism discharges the duty to notify.

If a person is identified in the national referral mechanism as a potential victim of modern slavery or trafficking, they are eligible for a recovery period during which they are protected from removal from the UK if they are a foreign national and are eligible for support, unless they are disqualified on the grounds of public order or bad faith. Bad faith refers to lying about one’s circumstances, and public order refers to an individual who could be a danger to society. We have had some discussion about that with respect to section 29 of the Illegal Migration Act, which the Government have decided to retain but have not yet commenced. I think we also discussed section 63 of the Nationality and Borders Act.

When we came into government, the national referral mechanism decision-making process was in disarray, with a huge backlog. We ensured that 200 more caseworkers were allocated to deal with the backlog, and there has been a great deal of very good progress in getting that backlog down. The Minister for Safeguarding, my hon. Friend for Birmingham Yardley (Jess Phillips), is particularly concentrating on getting the national referral mechanism back on track as part of the battle against modern slavery.

With those responses, I hope that the hon. Member for Woking will withdraw the new clause.

Border Security, Asylum and Immigration Bill (Ninth sitting)

Debate between Pete Wishart and Angela Eagle

Committee stage
Thursday 13th March 2025 Public Bill Committees

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

Clause 52 enables money to be provided by Parliament for expenditure incurred under or by virtue of the Bill and for any increase in expenditure attributable to the Bill. Clause 53 allows the Secretary of State to make consequential or minor amendments to the Bill by regulation. Clause 54 confirms that regulations under the Bill must be made by statutory instrument.

Regulations under the provisions of the Bill listed in clause 54(3) will be subject to the affirmative process and will therefore require a draft statutory instrument to be laid and approved by a resolution of each House of Parliament before they can be made. I commend the clauses to the Committee, but I will answer any questions or queries the hon. Member for Perth and Kinross-shire has in his speech on amendment 20.

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

Dame Siobhain, we have to stop meeting like this. Amendment 20 is a rather simple amendment, and one that I hope the Minister takes seriously. Clause 53 has a massive and dramatic impact on Scottish legislation that has been passed under devolved powers by the Scottish Parliament. It says that the Secretary of State has the power to make regulations that are consequential on the Bill. Those regulations could,

“in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as”

the Bill.

The power granted to the Secretary of State is overly broad, affecting all legislation passed by the Scottish Parliament and Scottish statutory instruments over the past 25 years. Importantly, that includes enactments in or made under an Act of the Scottish Parliament as well as similar legislation passed by the Senedd Cymru and the Northern Ireland Assembly. It is unreasonable that the Home Secretary could amend, repeal or revoke that body of law through regulations that bypass proper parliamentary scrutiny.

Requiring consultations with Scottish Ministers before making those regulations is the bare minimum and could help to identify potential issues and prevent unintended consequences. The use of Henry VIII powers —or James VI powers, as we would prefer to call them in Scotland—is unconstrained and could have significant implications for the law in Scotland. For that reason, it is crucial that the Secretary of State consults with Scottish Ministers and with other devolved Administrations before moving forward with those regulations.

[Dame Angela Eagle]

Amendment 20 seeks to add a requirement to the Bill that Scottish Ministers are consulted before any regulations are made under clause 53(1). I recognise the sentiment behind the amendment tabled by the hon. Member for Perth and Kinross-shire and fully expect it. I support his general point about the importance of collaboration between the UK Government and the devolved Governments. The Prime Minister was clear when this Government were elected that it is our intention to ensure close collaboration between the UK Government and the devolved Governments. I hope that my counterparts in those Governments have felt that that rings true in the case of this Bill; I was pleased to discuss it with them in February.

I can assure the hon. Member that—he will be surprised to hear—this amendment is unnecessary. The standard power in clause 53(1) simply enables regulations to make any further necessary consequential amendments. Where such regulations amend, repeal or revoke primary legislation, clause 54(3) provides that the regulations would follow the draft affirmative procedure, requiring the approval of each House.

In line with normal practice, the Home Office and other UK Government Departments work with officials in the devolved Governments when legislation is being developed that would have an impact on the devolved nations, including where there is an interaction with legislation passed by the Scottish Parliament, the Senedd or the Northern Ireland Assembly. For this Bill, I and officials in the Home Office have had regular engagement with the devolved Governments. I put on record my thanks to the officials and my ministerial counterparts in the devolved Governments their constructive engagement and contributions to the development of this legislation. They are considering the Bill, and I have asked them to seek legislative consent in their respective legislatures where appropriate for certain measures.

I also note that since the relevant regulations cover only those provisions consequential on the content of the Bill, and since that content has involved continued engagement with devolved Governments over many months, what the amendment seeks is already accounted for. That said, I reiterate that normal practice would be for the devolved Governments to be engaged where legislation, including secondary legislation, is expected to have an impact on their nation. This legislation largely concerns matters that are reserved to this Parliament. For the areas where it does not, legislative consent motions are in the process of being considered in the devolved Administrations.

Given those reassurances and the general good will that has come out of the meetings we have had with all the devolved Administrations, I hope that the hon. Member will consider his concerns to be unjustified in this instance and will not push the amendment to a vote.

[Pete Wishart]

I will not push the amendment to a vote.

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[Dame Angela Eagle]

We have had a small but perfectly formed debate on the new clause. I seek to reassure the hon. Member for Perth and Kinross-shire and explain to those who have made contributions the effect of the provisions.

I say gently to the hon. Member that the Bill is in compliance with international human rights laws. The powers in the new clause are necessary to protect the public from a very small cohort of migrants who pose a threat to them, but who cannot be removed because of our obligations under domestic and international law. In other words, they exist only because we are observing our obligations under international law. If we were simply to ignore international law and seek to deport people against the standards of international law to which we have signed up, we would not need to have these extra powers. We are debating new clause 30 only because we are adhering to international law. The hon. Member says that we are being cavalier about our commitment to adhering to international law. I gently say that he has got it pretty wrong.

In these cases, we will continue to frequently assess each person’s circumstances to ensure that they are removed at the earliest opportunity from measures such as a requirement to report, a curfew or electronic tagging, if it is safe to do so from the point of view of protecting the public. The powers will be used only in cases involving conduct such as war crimes, crimes against humanity, extremism or serious crime, or where the person poses a threat to national security or public safety. That is a pretty high bar.

The idea is that if somebody is on immigration bail and we are trying to detain them to deport them, but it transpires that we cannot deport them because of the threat to their safety and they have to be looked after here, it is wholly proportionate, if they present a real threat to the public, that the powers to electronically tag them or subject them to exclusion or inclusion zones can be attached to them. We are talking about people who come off immigration bail because we cannot deport them and, without the new clause, would suddenly find themselves much freer to cause the damage that we fear they may cause if they are left unwatched. That is the very narrow purpose of the new clause in the circumstances that I have talked about. To impose these tough restrictions there has to be a proportionality test, and of course all that is testable in law.

We are seeking to make certain that we can satisfy ourselves, more than we can at present, that that small category of people who, on a case-by-case basis, will be assessed to present this kind of risk can be properly managed and watched. In those circumstances, I hope that the Committee will agree to add the new clause to the Bill.

Question put and agreed to.

New clause 30 accordingly read a Second time, and added to the Bill.

New Clause 31

EU Settlement Scheme: rights of entry and residence etc

“(1) For the purposes of this section ‘relevant citizens’ rights’ means the rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a) are recognised and available in domestic law by virtue of

section 7A or 7B of the European Union (Withdrawal) Act 2018, and

(b) are derived from—

(i) Title 2 of Part 2 of the withdrawal agreement or Title 1 or 4 of Part 2 of that agreement so far as relating to Title 2 of that Part,

(ii) Title 2 of Part 2 of the EEA EFTA separation agreement or Title 1 or 4 of Part 2 of that agreement so far as relating to Title 2 of that Part, or

(iii) Article 4(2), 7 or 8 or Chapter 1 of Title 2 of Part 2 of the Swiss citizens’ rights agreement or Title 1 of Part 2 of that agreement so far as relating to Chapter 1 of Title 2 of that Part.

(2) Subsection (5) applies to a person (‘P’) where—

(a) P has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

(b) the leave was granted to P on the basis of requirements which included that P is a relevant national or is (or was) a family member of a person who is (or was) a relevant national,

(c) each of the requirements on the basis of which P’s leave was granted was in fact met,

(d) either—

(i) in a case where P’s leave was not granted on the basis that P is (or was) a joining family member of a relevant sponsor, P was resident in the United Kingdom or the Islands immediately before the end of the implementation period, or

(ii) in a case where P’s leave was granted on the basis that P is (or was) a joining family member of a relevant sponsor, the relevant sponsor was resident in the United Kingdom or the Islands immediately before the end of the implementation period, and

(e) the residency mentioned in paragraph (d) was not relevant residency.

(3) For the purposes of subsection (2)—

(a) a person is to be treated as a family member of another person if they are treated as the family member of that person by residence scheme immigration rules;

(b) ‘joining family member’ and ‘relevant sponsor’ have the same meaning as in residence scheme immigration rules;

(c) a person is to be treated as resident in the United Kingdom or the Islands immediately before the end of the implementation period even if they were temporarily absent from the United Kingdom or the Islands at that time if their absence was permitted for the purposes of establishing or maintaining eligibility for leave under residence scheme immigration rules;

(d) ‘relevant national’ means a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland.

(4) In this section ‘relevant residency’ means—

(a) residency in accordance with Union law (within the meaning of the withdrawal agreement),

(b) residency in accordance with the EEA Agreement (within the meaning of the EEA EFTA separation agreement), or

(c) residency in accordance with the FMOPA (within the meaning of the Swiss citizens’ rights agreement).

(5) Relevant citizens’ rights—

(a) are capable of accruing and applying to a person to whom this subsection applies notwithstanding that the residency mentioned in subsection (2)(d) was not relevant residency, and

(b) are to be enforced, allowed and followed accordingly.

(6) Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (5).

(7) In this section—

‘EEA EFTA separation agreement’ has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

‘enactment’ has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act);

‘the implementation period’ has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 1A(6) of that Act);

‘the Islands’ means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;

‘residence scheme immigration rules’ has the same meaning as in Part 3 of the European Union (Withdrawal Agreement) Act 2020 (see section 17 of that Act);

‘Swiss citizens’ rights agreement’ has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

‘withdrawal agreement’ has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).”—(Seema Malhotra.)

This new clause ensures that an EEA or Swiss national or their family member who has immigration leave granted under the EU Settlement Scheme can enforce residency and other rights directly under the withdrawal (or other separation) agreement even if the person, or their family member, was not resident in the UK or the Islands in accordance with Union (or other equivalent) law at the end of the implementation period.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Duty to publish a strategy on safe and managed routes

“(1) The Secretary of State must, within six months of the passing of this Act, publish a strategy on the Government’s efforts to establish additional safe and legal routes for persons to seek asylum in the United Kingdom.

(2) A report under subsection (1) must be laid before Parliament.”—(Pete Wishart.)

This new clause would require the Secretary of State to publish and lay before Parliament a strategy on the development of safe and managed routes for people to seek asylum in the UK.

Brought up, and read the First time.

[Pete Wishart]

I beg to move, That the clause be read a Second time.

Border Security, Asylum and Immigration Bill (Eighth sitting)

Debate between Pete Wishart and Angela Eagle

Committee stage
Tuesday 11th March 2025 Public Bill Committees

[Pete Wishart]

Clause 41 introduces a significant expansion of detention powers, allowing individuals to be detained from the moment a deportation is considered rather than waiting for a formal order. However, my main concern with the clause is that it is to apply retrospectively, meaning it would legally validate past detentions that were previously unlawful. As would be expected, the provision has sparked serious concerns among legal experts, human rights organisations and advocacy groups, raising critical questions about the rule of law, human rights and judicial oversight.

We had the Immigration Law Practitioners’ Association with us as part of an evidence session. They have expressed great concern with this provision, saying:

“We are concerned with the dangerous precedent which would be set if unlawful deprivation of liberty were to be treated as lawful—such retrospectivity undermines the rule of law and remains wholly unjustified in the materials accompanying the Bill.”

I have looked at this issue and there does not seem to be any sufficient justification for this exceptional measure. The ILPA warns us that it could rewrite history, denying justice to individuals who could have sought remedies for unlawful detention.

Amnesty International, which again gave very good evidence to the Committee, has also voiced strong objections. It has highlighted how detention powers have expanded significantly while judicial oversight has weakened, leading to risks of serious injustice.

Bail for Immigration Detainees has stressed that clause 41 risks

“further criminalising migrants and refugees”.

It urges instead for a system that upholds human rights and dignity.

Combined with the Illegal Migration Act, the clause could lead to longer, more expensive and potentially unlawful detentions in breach of article 5 of the European convention on human rights. The Government’s own impact assessment acknowledges that clause 41 effectively makes lawful past detentions that were not compliant with due process at the time, yet the European convention on human rights memorandum does not properly address whether that retrospective validation aligns with the fundamental legal safeguards of article 5. I would particularly like the Minister to address those concerns.

Clause 41 therefore undermines accountability, weakens judicial scrutiny and risks setting a dangerous precedent through which the Government can retroactively legitimise actions that would otherwise have been unlawful. Given the weight of these concerns, there is a strong case for leaving out the retrospective provisions from clause 41, and that is what my amendment 7 seeks to do. Upholding the rule of law means ensuring that detention powers are subject to proper legal safeguards and that individuals are not denied their fundamental rights through legislative backtracking.

[Dame Angela Eagle]

The purpose of clause 41 is to clarify the existing powers of detention pending deportation set out in schedule 3(2) of the Immigration Act 1971. The clause ensures that the Secretary of State can detain individuals once they have been notified that deportation is being considered. It also aligns the power to detain with the power to take biometrics and to search for nationality documents. That is because the taking of biometric information and any other searches will ordinarily take place at the point that somebody is detained. The effect of clause 41 is to make clear that a person subject to deportation may be detained at any stage of the deportation process. It strengthens an existing power; it does not create a new power. It clarifies a power that has always existed and been used for this purpose.

Another effect of the clause is to confirm that the Secretary of State may take biometrics and search for those documents. Since clause 41 clarifies existing powers, the detention provisions it contains are regarded as always having had effect. It is extremely important for Members to understand what the clarification of the powers of detention means. If a person is subject to deportation on the basis that the deportation is conducive to the public good, they may be detained at any stage of the deportation process. It is extremely important that the Home Office should be able to detain those it is seeking to deport on that basis. Some of these foreign national offenders pose a high risk of harm to the public. Therefore, inability to detain them could have a direct impact on public safety.

The clause makes it clear that it is lawful to detain a person once they are notified that the Home Office is considering whether to make a deportation order against them, but that is not a new detention power; it has been misunderstood in some of the commentary from outside of this place. The clause clarifies an existing power to ensure there is no ambiguity about when someone subject to a conducive deportation can be detained. The accurate identification of such people is very important.

The clause also makes consequential amendments to existing powers to search detained persons—potential deportees—for documents that prove their identity or nationality, and to take their biometrics upon their being detained. Clause 41 sets out the power to detain pending deportation, as the Home Office has always understood it to operate. It is therefore right that the provision applies retrospectively. That deals with amendment 7, which is in the name of the hon. Member for Perth and Kinross-shire and seeks to remove the retrospective element of the clause.

Clause 41 clarifies the existing statutory powers of detention. There are important public safety reasons why these powers need to be put beyond doubt. Clause 41 clarifies the powers as the Home Office has always understood them to operate. There will be no operational impact that we can assess, or increased use of the power, and no effect on people in relation to whom this power has been exercised. It is entirely right that these provisions should apply retrospectively in these circumstances.

[Pete Wishart]

I hear the Minister’s justification for the powers and why she feels they are necessary, but I do not hear any compelling reason for why they have to be introduced retrospectively. What on earth is that supposed to help with? She knows the range of concerns raised by a number of legal organisations. I wish she would address their concerns about the consequences of the clause.

[Dame Angela Eagle]

The clause seeks to put beyond any doubt that the Home Office has the power to detain, in conducive deportation cases, at the earliest point. It has been doing that for many years. The clarification in the clause applies retrospectively to ensure that those who have been detained in the past have not been detained unlawfully. We do not believe they have, but this puts it beyond doubt. To clarify, this is not an extension of deportation powers; it is putting beyond doubt in the Bill the understanding of how and when these powers can be used—at the earliest opportunity, if it is a conducive deportation. The powers, including to detain at the earliest opportunity, have always existed.

If the amendment moved by the hon. Member for Perth and Kinross-shire were agreed to, it would cast doubt on many of the arrests and detentions ahead of deportations that have happened in the past, which I do not think the hon. Gentleman would want to do. To reassure the hon. Gentleman one final time, this is not an extension of deportation powers; it is a clarification of the way that they have always been understood to work. The clause puts beyond legal doubt that if somebody is being detained pending deportation, they can be detained lawfully at the earliest opportunity. That understanding has always been the case, but the clause puts it beyond any legal doubt.

[Katie Lam]

Clause 41 confirms that the Home Office may detain someone subject to deportation from the point at which the Home Office serves the notification that deportation is being considered, when that deportation is conducive to the public good. We support this provision to allow for detention before a deportation order is signed, but that only applies if the Secretary of State has notified the person in writing. Can I seek reassurance from the Minister that the requirement for a written notice will not build any delay into the process? We also support the provision in clause 42 to allow the Home Office to capture biometrics at the new, earlier point of detention.

Border Security, Asylum and Immigration Bill (Seventh sitting)

Debate between Pete Wishart and Angela Eagle

Committee stage
Tuesday 11th March 2025 Public Bill Committees

[Dame Angela Eagle]

First things first: the hon. Gentleman was not going to send to Rwanda only those whom we could not return to their own country; in theory, he was going to deport to Rwanda absolutely everybody who arrived to claim asylum after March 2023—that was what we were told. In reality, those people all ended up in hotels, unable to be processed and growing in number, while the Conservative party indulged in its expensive gimmicks and fantasies of how the world should be.

As many Committee members have pointed out, the day job was not being done while that parallel universe policy was being developed. It took all the attention away from running what is a complex enough system as it is. Many resources were diverted to try to create that new reality, resulting in the neglect of the system, and huge backlogs were built into the system because of how the Illegal Migration Act interacted with the Safety of Rwanda Act. That made it impossible to run the current system or to move to a new system that was remotely workable, thereby landing this country with a huge, dysfunctional series of backlogs, and a system that we have had to literally start up again from scratch to try to get working coherently.

[Pete Wishart]

The Minister may have been coming on to the second part of the question asked by the hon. Member for Stockton West, but will she be brave enough to tell the Committee that this Labour Government will never consider sending asylum seekers and refugees to a third country?

[Dame Angela Eagle]

The Home Secretary has said that she does not rule out third country processing; that is not the same as the Rwanda scheme, which was deportation to a third country permanently. I think the hon. Gentleman is talking about third country returns, such as reviving the Dublin system. When the previous Government negotiated the EU withdrawal agreement, they perhaps should have included something about returns to Europe. Had they done so, perhaps we would be in a different situation, but those would also have been third country returns. He asked a wide-ranging question, and I have been as honest as I can in answering it at this point.

We could spend all day, and probably many more days, talking about the failure encompassed in the interaction of the Safety of Rwanda Act and the Illegal Migration Act. Our job today, though, is to tidy it up. Clause 37 will take the Safety of Rwanda Act off the statute book and put it in the dustbin of history, where it belongs.

Question put, That the clause stand part of the Bill.

--- Later in debate ---

[Pete Wishart]

I must say to the hon. Member for Stockton West that he really does not want to know my views on British citizenship, because they are likely to blow his head—but we will leave that one at that.

It is disappointing to note the absence of our Liberal colleagues. Back in the day—the good old days, Mr Stuart —when we had an effective, efficient, diligent and conscientious third party, there would always be someone present to ensure that the views of the third party were represented. I am sure that the Liberal Democrats have good excuses, but I hope they start to take a bit of interest in this important Bill, because it has been disappointing thus far.

I say to the Minister, “‘Useful clauses?’ Come on!” We are talking about sections 29, 12, 59, 60 and 62, some of the nastiest and most pernicious parts and aspects of the Illegal Migration Act. I cannot believe that this Government want to continue that horrible and heinous Tory set of proposals and clauses in this Bill. This was their great opportunity to wipe the slate clean of the previous Government’s hopeless and useless crackpot Rwanda scheme and their heinous and horrible Illegal Migration Act.

I will give the Minister a few quotes from some of her colleagues, some of which I wish I had come up with myself. The now Prime Minister said at the time that the Illegal Migration Bill would drive “a coach and horses” through protections for women trafficked to the UK as victims of modern slavery. The now Home Secretary said that that IMA does the “total opposite” of providing support for those who have been trafficked, and that it was nothing other than “a traffickers’ charter”. There are other prize quotes from the Home Secretary and various Ministers within the Home Office—absolutely and totally correct, right and true—about the horrible Illegal Migration Act. Now we have a Labour Government inconceivably standing by large swathes of an Act that they so rightly and widely rubbished and wanted rid of only a short while ago.

It would be different if the Government were maintaining some benign, useful or helpful parts of that Tory Act, but they are maintaining some real, pernicious nasties. Provisions that were damaging, dangerous and contrary to human rights under the Tories are just as damaging, dangerous and contrary to human rights under this new Labour Government. I remind the Minister what the then Home Secretary said on that Bill when introducing it:

“I am unable to make a statement that, in my view, the provisions of the Illegal Migration Bill are compatible with the Convention rights, but the Government nevertheless wishes the House to proceed with the Bill.”

The previous Government could not care less about our obligations under international law or about human rights, and they were quite happy to set them aside. Now we have a Home Secretary who stands by certain provisions of that Act, with all its difficulties concerning its relationship with convention rights.

[Dame Angela Eagle]

The hon. Gentleman will have noted on the front of the Bill that we are debating the statement from the Home Secretary on the European convention on human rights:

“In my view the provisions of the Border Security, Asylum and Immigration Bill are compatible with the Convention rights.”

[Pete Wishart]

I am glad that the Home Secretary stated that, as she always does when it comes to our relationship with, and compatibility with, human rights. I want to raise a couple of issues and ask a couple of questions about just how very loosely this Bill is connected with the Government’s obligations and about some of our real concerns on human rights. I will come to that in the course of what I hope will be a short contribution.

It is completely incomprehensible that the Government have chosen to repeal only some aspects of the IMA rather than the whole Act, particularly since so many members of this Government have been so vocally opposed to the IMA in the past. Can we please just have a look at some of the stuff that they want to retain? The one that concerns me most, and the one that concerns the range of organisations, groups and charities associated with refugees and asylum seekers, is the retention of section 29.

Let us remind the Committee what section 29 does. It extends the public order disqualification originally introduced by section 63 of the Nationality and Borders Act 2022 and mandates that victims of trafficking and modern slavery who have criminal convictions or are considered a threat to public order be disqualified from support and protection. To me, that provision is deeply concerning, as it means that victims of trafficking, many of whom have been coerced into committing crimes as part of their exploitation, could face detention, deportation or removal rather than the support and recovery that they need.

--- Later in debate ---

[Dame Angela Eagle]

Work is going on in the Department to assess the accuracy of the various methods of age assessment, which ministerial predecessors from the hon. Gentleman’s party commenced, but which has not yet been finished. As soon as we have more idea about how reliable scientific age assessment can be, how expensive it is and all those things, I will either come to Parliament or make a statement about how we intend to proceed. The hon. Gentleman must not assume that because these sections have been repealed we are not interested in scientific age assessments and their potential per se. They were simply unworkable because they were attached to the duty to remove, which was such a feature of the Illegal Migration Act.

The six measures that the Government intend to retain, including where provisions are in force, have been identified as having operational utility and benefit. These powers are all ones that the Government see as important tools to allow for the proper operation of the immigration system and to achieve wider priorities alongside the powerful measures set out in the Bill.

The hon. Member for Perth and Kinross-shire talked about section 29 of the Illegal Migration Act. The public order disqualification under the Nationality and Borders Act is currently in operation. It enables decisions to disqualify certain individuals from support and protections afforded by the national referral mechanisms on grounds of public order and bad faith. Public order grounds include serious criminality and threats to national security. Such decisions are made on a case-by-case basis, considering the individual’s vulnerabilities. That is the sole modern slavery measure in the Illegal Migration Act that is being retained. It would, if commenced, amend the public order disqualification to allow more foreign national offenders to be considered for disqualification from modern slavery protections on public order grounds. Disqualification will continue to be assessed on an individual basis.

[Pete Wishart]

I am glad that the Minister got to that last sentence, because it is quite clear from section 29 that victims of modern slavery only have to be considered a threat to public order. It is quite likely that many victims of modern slavery will get caught up in this; in fact, they already have. Is the Minister happy that those who were probably coerced into criminal activity will now almost be blanket-banned from any opportunity to go through the asylum process in the United Kingdom?

[Dame Angela Eagle]

There will not be a blanket ban. Individuals who have been subject to public order disqualification will have been disqualified for things such as multiple drug offences, possessing a firearm and ammunition, multiple counts of sexual assault and assault by beating, grooming and engaging in sexual communication with a child. Those are the kind of things that currently lead to public order disqualifications. Nothing in the retention of section 29 will mean that individual circumstances on a case-by-case basis cannot be taken into account. It is important to understand that that will still happen. If it were commenced—it has not yet been—section 29 would introduce a duty to apply the public order disqualification, unless there are compelling circumstances that the disqualification should not apply. That still ensures case-by-case consideration.

The citizenship ban is removed from the Bill because it was unworkable and unenforced; that is, again, attached to the duties to remove. We have updated the good character guidance to prevent people from gaining citizenship if they arrived illegally by dangerous journeys. The idea is to emphasise that citizenship is not a right, but a privilege. We will continue to make those decisions on a case-by-case basis.

The other sections that we have retained are thought to be useful. The six measures in section 12 emphasise the right of the Secretary of State to determine what constitutes a reasonable time period to detain a person for the specific statutory purpose of effecting removal from the UK. Section 52 allows flexibility in our judiciary by making first-tier tribunal judges eligible to sit in the upper-tier tribunal. I cannot imagine anyone in the Committee would worry about that.

Section 59, if commenced, would extend the inadmissibility provisions to asylum and human rights claims from nationals in a list of generally safe states. Section 60 requires an annual cap to be set on the number of individuals admitted to the UK by safe and legal routes. Section 62 adds failing to provide information, such as a passcode to an electronic device, to the behaviours that could be considered damaging to the credibility of an asylum and human rights claim. All those issues are thought to provide utility, but outside the context of the duty to remove.

Question put, That the clause stand part of the Bill.

Border Security, Asylum and Immigration Bill (Fifth sitting)

Debate between Pete Wishart and Angela Eagle

Committee stage
Thursday 6th March 2025 Public Bill Committees

[Pete Wishart]

I am sorry to see that the Minister is still bravely struggling with a cold—the Committee has noticed. A variety of offences are available to the courts to make sure that anybody who endangers people at sea can be prosecuted. There is illegal arrival, there is facilitating the illegal entry of others, and there is what Ibrahima Bah was convicted of—gross negligence manslaughter. These offences are all currently available to the prosecutorial authorities. I do not know why the Minister feels she needs this new offence. It can only be because she has a particular target in mind against whom she wants to apply these rules. Can she confirm that?

[Dame Angela Eagle]

I will try to give the hon. Gentleman some insight. I was going to come on to this when addressing the clause itself, but it is in the Bill because we have perceived a change in behaviour in some areas.

There has been an increase in physical aggression towards other people, including migrants and third parties. There is a lot more violence on the beaches against French police. There is intimidating and controlling behaviour on the boats. People are preventing others from disembarking or calling for help when the boat gets into difficulty. There are physical acts that result in harm being caused to another person either while boarding a boat or while on a boat. People are being pushed off boats, including in shallow French territorial waters. The pilots sometimes decide to continue on to the UK even when there have been fatalities or serious harm on the boat. We are now seeing a range of behaviours that clause 18 will allow us to address.

I will address amendment 5, but the view of the hon. Member for Perth and Kinross-shire is that no asylum seeker should be charged with this new criminal offence, which would render clause 18 unworkable and pointless, as 95% of people who come across on small boats claim asylum. How one behaved on the boat across will be in the purview of clause 18, whether it is dangling children over the side or forcing women and children to sit in the middle—often the middle of the boats come free and collapse, so the women and children are the first to die. Where women and children are forced to sit in the middle, they sometimes arrive in the UK with horrific burns because of the combination of fuel and seawater, as my hon. Friend the Member for Bournemouth East said.

I simply do not agree with the hon. Member for Perth and Kinross-shire that, just because someone will claim asylum when they get to the UK, none of their behaviour on the way over should have any bearing on what happens when they get here. Clause 18, which creates a new criminal offence under section 24 of the Immigration Act, will not criminalise everyone who makes these crossings. It would be pointless and completely unworkable if we sought to do that, as the Opposition amendments do. It is about addressing, discouraging and deterring the acts that cause or create a risk of serious injury or death to others, which we are now seeing from individuals travelling to the UK by small boats.

There have to be consequences for anyone who further jeopardises the safety and lives of others during these dangerous crossings. There are those who insist on continuing their journey when assistance is at hand, who refuse assistance, and often, when there have been fatalities, try to prevent others from being rescued. Clause 18 addresses specific acts that create or cause a risk of serious injury or death to others during a journey. We heard in oral evidence how these journeys are being made more dangerous by such acts, and clause 18 is a response to the increasing propensity of this kind of behaviour.

There have been shocking and tragic cases of women and children being forced and intimidated into life-threatening positions during journeys that are already dangerous enough, which is exactly the type of offending that clause 18 aims to target. The approach cannot simply be to say that whatever happens on the boat, stays on the boat. The new offence is another tool designed to curb the endangerment of life. It sits alongside other activity against gangs that intentionally place people in danger by selling these crossings as a viable route to the UK. This Government take fatalities and injuries at sea extremely seriously, and we are going further than ever to try to bring an end to them.

[Pete Wishart]

I thank the Minister for her full response to the amendments before the Committee. I totally agree with her on amendment 17, and I hope the Committee rejects it. It is a ridiculous and unworkable proposition that everybody who comes to our shores should be criminalised almost immediately upon arrival.

A couple of things have been said in this debate that I want to challenge and take head on, including the idea that everything is black and white, that people are either the exploited or the exploiters. Everybody accepts that there is a grey area. I think every member of this Committee believes that those who behave in a reprehensible, appalling and awful way, whether on the small boats or in getting people on to the small boats, should rightly face the full force of the law.

The Minister is right to highlight all those examples of the dangerous behaviour that happens during some of these journeys. None of us would want people to get away with that behaviour, but the Bill does not refer to such activity, and there is nothing in the guidance or the explanatory notes. Nothing in the Bill specifies this type of behaviour. As the Bill progresses, the Minister will have to make sure it mentions such behaviour.

The other challenge with the type of activity the Minister describes is how to get the evidence. This activity is happening in the most chaotic circumstances, on small boats coming across the channel. We know these things are reported, and we know that people are arrested and face the full force of the law, but the Minister still has to convince the Committee that a new offence is needed, and that certain categories of migrant will not be caught up.

Border Security, Asylum and Immigration Bill (Fourth sitting)

Debate between Pete Wishart and Angela Eagle

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Dame Angela Eagle]

The hon. Member asked why the Border Security Commander should be processing data collected from electronic devices. He will know that later in the Bill, there are some new powers that involve collecting, in an intelligence-led way, data from suspected organised immigration criminals. The point is to ensure that data is collected in a lawful manner, and that is why clause 11 allows the Border Security Commander to process data for law enforcement purposes. Some of that is about the counter terrorism-style powers, which we will discuss in relation to later clauses—I do not want to have that debate here—but it is really an enabling power to put beyond doubt the legality of the collection of such material.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Clauses 11 and 12 ordered to stand part of the Bill.

Clause 13

Supplying articles for use in immigration crime

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

I beg to move amendment 3, in clause 13, page 7, line 12, at end insert—

‘(1A) For the purposes of subsection (1), P cannot commit an offence if P is an asylum seeker.’

This amendment would specify that the offence created by clause 13 (“Supplying articles for use in immigration crime”) cannot apply to asylum seekers.

--- Later in debate ---

[Pete Wishart]

That is a helpful and useful intervention, and the hon. Lady is right that the CPS did say that. I listened again very carefully to what was said, because concerns about these provisions have been raised repeatedly. I am sure that the CPS is serious about that, but I challenge the hon. Lady to look at the provisions and tell me how such a scenario could not be caught. The Bill is badly drafted because it provides the conditions to allow such a perception to develop. I know the Government do not want to arrest people who are looking at weather maps. I am certain that is not their intention at all, but when we examine the Bill we can see that it will allow that very thing to happen.

The Minister refers to the provision in section 25 of the Illegal Immigration Act 1972 or 1973—

[Dame Angela Eagle]

1971.

[Pete Wishart]

1971—there we go. Section 25 of that Act offers the protection of allowing for a reasonable explanation of why people are caught up in such activity. That is useful when it comes to this Bill, but why do we have to rely on something like that? We are creating a new Bill, which does something specific and unhelpful for some of the poorest and most wretched people who exist on our globe. We have a responsibility for those people under our international obligations and conventions, and this new legislation does nothing to assist them.

The collection of data from people’s phones is facilitated by the Bill, which creates new broad powers to enable the search and seizure of electronic devices. I will come back to the main point I made on Second Reading. We did not get much time to elaborate on this, but I think it is pertinent to the clauses that we are debating, and the Committee must consider it properly.

The gangs have a monopoly and an exclusive right to the irregular migration market. There is no other way for asylum seekers to get to the UK. It just is not possible. There are safe routes available for a small number of countries, but for the vast majority of potential asylum seekers in war-torn regions, areas and countries around the world, the only way to claim asylum in the United Kingdom is to put themselves at the mercy of the gangs, and to go on a small boat to get across the channel.

Business is booming. I do not know if anyone saw the shots today from the camps in France—I think it was on Sky News. What a hell on earth they are! What a disgrace that is for us, who are part of the problem. We cannot get the situation resolved, and we are keeping some of the poorest people in such circumstances. Shame on us, and shame on everyone in the international community who allows such conditions to develop and thrive. Business is booming for the illegal gangs.

I will tell you something else, Mr Stuart. It will only get better for the gangs when the Government cut the international aid budget. What do they think will happen? Do they think that conditions in those areas will get better? Of course they will not. That will lead to so many more people making the journey to the UK, and it will be down to the Government.

--- Later in debate ---

[Pete Wishart]

I wish I could say that I was reassured by the Minister’s response. There were things she said that encouraged me and that I think she was genuine and sincere about. She, and everybody who has contributed today and who we have heard from over the past couple of weeks, is right that we do not want to arrest asylum seekers. That is the last thing we want to do, and I accept that that is the case in practically everything that anybody has said. However, more asylum seekers will be arrested because of these clauses. More will be facing justice, whatever way it applies, right across the United Kingdom because of these new offences.

What we have forgotten is that it is already illegal to enter the UK irregularly. In 2020, 6,477 people were arrested because they arrived in the UK irregularly. With clauses 13 and 14 we are not addressing the illegality of issues such as people coming to the United Kingdom; we are finding new ways of ensuring that those people will be subject to court proceedings—to being on the wrong side of UK law—and that is the thing that concerns us most.

Many people have referred to agencies that gave us support today. I listened to the NCA’s evidence, and some of it was very interesting and compelling. I accept that it wants to target the gang members and those involved in this violent trade, and that is what we should be helping it to do. Obviously, asylum seekers will get caught up in all that, but let us enable the NCA to focus exclusively on trying to apprehend the gang members and secure justice rather than trying to find new ways to criminalise people coming to the UK,.

[Dame Angela Eagle]

Will the hon. Gentleman not take my word that the offences will be intelligence-led? They are not targeting all asylum seekers, but they certainly would target someone coming over on a boat who may claim asylum, who has been involved in an organised immigration gang, and who has been organising the supplies for it.

[Pete Wishart]

I obviously accept the Minister’s word when it comes to all this, but we need to look at what is in the Bill. There are measures that we do not like and that we do not think will help to achieve the major objective, which is to disrupt the gangs’ business model and ensure that they are brought to justice. That just does not happen with these new clauses. The measure to which amendment 3 refers does not offend me in the same way that the subject of amendment 4 does. I will withdraw the amendment, but I reserve the right to push the next amendment to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 13 ordered to stand part of the Bill.

Amendment 4 negatived.

Clauses 14 and 15 ordered to stand part of the Bill.

Clause 16

Collecting information for use in immigration crime

Question proposed, That the clause stand part of the Bill.

Border Security, Asylum and Immigration Bill (Third sitting)

Debate between Pete Wishart and Angela Eagle

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Pete Wishart]

It is a pleasure to serve under your chairship, Dr Murrison. It is a good 10 years since I have had the pleasure and privilege of being on a Public Bill Committee—or Standing Committee, as we used to call them back in the day—and I hope that it will be as much fun as I remember. Ten years ago, I was the home affairs spokesperson, and I saw a number of Bills quite like this one: good old-fashioned “stop them coming and boot them out” Bills. There has been a succession of them over the years from various Governments. The Minister knows that I hold her in great respect and affection, and I wish her particularly well with the Bill.

[Dame Angela Eagle]

I hold the hon. Gentleman in similar affection. We are pretty long in the tooth—we are the two people who are the most long in the tooth on this Bill Committee—and I look forward to listening to his arguments.

--- Later in debate ---

[Dame Angela Eagle]

I think Chief Miekelson will be on all our lists now. I spend the small amount of time I have in life to twiddle my thumbs looking for new detective dramas, and it seems I have overlooked one. I have been too into Scandi noir, when I should have been into Scottish noir. I will talk to the hon. Member for Perth and Kinross-shire after the sitting to see whether he can give me a little more detail, so that I can follow up for my own enjoyment.

This group contains various provisions relating to the Border Security Commander, including amendments 11 to 13 and new clause 21 from the official Opposition, and new clause 7, which the hon. Member for Mid Dunbartonshire spoke to. It also contains amendment 1, with which the hon. Member for Perth and Kinross-shire opened our proceedings on this group. In our earlier exchange, he and I reflected on how long in the tooth we both are. So experienced is he that he anticipated what my answer to his amendment would be, and his comments show that he has a coherent and experienced view of the way in which human rights law works. If we had to list in every single bit of primary legislation the treaties we had solemnly entered into, and the international agreements that we had, in many cases, helped to formulate and that we had then put into effect in our own law, we would have an even messier statute book than we have at the moment.

Amendment 1 seeks to ensure that the commander has full regard to the Human Rights Act 1998 and the Council of Europe convention on action against trafficking in human beings while carrying out all his functions. Both pieces of international agreement and law were freely entered into by predecessor Governments, and we take them extremely seriously as a law-abiding Government who believe in the rule of law. The Border Security Commander will be a public authority within the meaning of section 6 of the Human Rights Act, and must act compatibly with the Act. That is absolutely the case. It is not explicitly written into the Bill, as the hon. Gentleman’s amendment would require, but that does not mean that all the requirements in the two agreements that amendment 1 mentions will not be adhered to.

[Pete Wishart]

Before I put my question to the Minister, I will just say to the Committee that “The Chief” is available on iPlayer, if they want to enjoy the eight episodes that will come their way.

[Dame Angela Eagle]

Not in the room though.

[Pete Wishart]

Perhaps not—I am sure you would have a few words to say about that, Dr Murrison.

I did anticipate the Minister’s response, but I do not think there is anything wrong with ensuring that our commitments to international operations and to the whole force of human rights across the world—things we agree on—are in the Bill. We saw with the previous Government how easily international obligations and the international rule of law can be set aside and torn up. We are asking for these things to be in the Bill to give us security and a guarantee that the border commander will pay attention to them. If the commander is not compelled to do that by statute, there will be no obligation whatsoever.

[Dame Angela Eagle]

The hon. Gentleman can be assured that everything the commander does must be compatible with our obligations under the Human Rights Act and the Council of Europe convention on action against trafficking in human beings. Those things are implicit with every public office holder in the UK, in all the contexts in which they work. The fact that those things are implicit, and not explicitly in the Bill, does not undermine the commitment of any Government who want to act within the rule of law. One of the first things our current Prime Minister said when he walked through the door at Downing Street was that we would be a Government who respected the rule of law and the Human Rights Act.

[Dame Angela Eagle]

My hon. Friend is exactly right. Under section 6 of the Human Rights Act, all office holders implicitly have to follow the rules of the European convention on human rights. One issue, if we decide to move away from the current approach and start to include an explicit provision in particular Bills—as the amendment in the name of the hon. Member for Perth and Kinross-shire would—is that it might look like the implicit duty to adhere to these agreements does not apply if it is not stated explicitly. That would actually lead to a lessening of protections, if judges looking at what Parliament was legislating for decided that we must take account of section 6 of the Human Rights Act only if we put that in a Bill. We would end up in a worse situation.

I ask the hon. Member to accept that the structure in the Bill is the one we have used so far. I understand why he is sceptical, after the behaviour of the last Government, but I hope he accepts, given the Prime Minister’s pronouncements right from the beginning of this Government taking office, that we are not planning on undermining the Human Rights Act or its provisions.

[Pete Wishart]

I do not like having to correct the hon. Member for Edinburgh East and Musselburgh, who is usually very diligent on these matters, but the Human Trafficking and Exploitation (Scotland) Act 2015 is fully compliant with human rights legislation. That fact is included in the Act, as it is in practically every Act passed by the Scottish Parliament.

--- Later in debate ---

[Dame Angela Eagle]

I think, Dr Murrison, you would probably not be very pleased with me if I started to talk about existential challenges at the heart of Conservative thinking, much as I would like to do so. I hope that I have given some reasons why new clause 21 should not stand part of the Bill.

[Pete Wishart]

I thank the Minister for her full response to some of my concerns about compliance with international obligations. Something that she did not respond to, and that I am really keen to secure her views on, is the FDA v. the Cabinet Office High Court case during the Rwanda litigation, which the Government obviously won. It seemed to suggest that any civil servant would not be bound by international obligations. Where does that leave the Border Security Commander?

[Dame Angela Eagle]

The Prime Minister made it clear right at the beginning of his time in office that the Government will be bound by the international obligations that we have signed up to. I hope that gives the hon. Gentleman—[Interruption.] Well, he is a sceptical man, as I would expect, but I have said what I have said about that. Is he suggesting that we should change the law as a result of the High Court?

[Pete Wishart]

My concern is that the judgment in that court case significantly changed our approach to international obligations and the rule of law. All I am interested in knowing is whether the Minister has any concerns, given such a significant and dramatic shift in the way successive Governments have approached these issues. Will that have any bearing on the operation of the Border Security Command?

[Dame Angela Eagle]

As I said earlier, the Border Security Commander and the Border Security Command will work within the confines of international obligations and human rights law.

[Mike Tapp]

I apologise for my lack of timely bobbing earlier, Dr Murrison. I draw attention to the Home Secretary’s statement at the very top of the Bill:

“In my view the provisions of the Border Security, Asylum and Immigration Bill are compatible with the Convention rights.”

That adds to what the Minister has said: that those in public office have an obligation to abide by the law. If they were not to do so, there would of course be legal challenge.

--- Later in debate ---

[Dame Angela Eagle]

Clauses 3 and 9, taken together, outline the functions of the Border Security Commander and the directions given to the commander by the Secretary of State. Clause 3 ensures that the commander has the ability to bring partners together to provide an authoritative source of information on priority and emerging threats to border security. Through the strategic priority-setting process, the commander, working collaboratively with partners and with consent from the Secretary of State, will have the authority to issue strategic priorities on border security, to which partners must have regard. That creates a new mechanism to ensure that there is a whole of Government understanding and a collective response to border security threats.

The provisions of clause 3 recognise the varied responsibilities of partners, and deliberately ensure that the duty does not prevent partner authorities from exercising their existing constituted mandates or from setting their own wider priorities. The UK intelligence community are exempted from definition as partner authorities, in order to ensure that they can carry out their functions without constitutional conflict. However, UKIC will continue to work closely with the Border Security Command on border security matters, and arrangements are being developed, and will be agreed by the Home Secretary and Foreign Secretary, to ensure that that takes place. Such arrangements are required by clause 5.

Clause 9 builds on that by ensuring that the Secretary of State can hold the Border Security Commander to account for the delivery of improved border security outcomes. As an elected official, the Secretary of State is accountable to the Cabinet and to Parliament, and can assure that the actions of the commander are being carried out in the interests of the British public.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Duty to prepare annual reports

[Pete Wishart]

I beg to move amendment 2, in clause 4, page 3, line 37, at end insert—

“(c) set out how the Commander has fulfilled the Commander’s duties under section 3(1A) of this Act to have full regard to the Human Rights Act 1998 and the Council of Europe Convention on Action against Trafficking in Human Beings.”

This amendment is linked to and consequential upon Amendment 1, and would require the Commander to include in the annual report information about how they have paid due regard to the Human Rights Act and the European Convention on Action against Trafficking.

--- Later in debate ---

[Dame Angela Eagle]

Amendment 2, tabled by the hon. Member for Perth and Kinross-shire, would require the Border Security Commander to clearly outline how they have paid due regard to the Human Rights Act and the European convention on action against trafficking by including that information in the annual report that is laid before Parliament. As discussed when we debated amendment 1, the Border Security Commander will be a public authority within the meaning of section 6 of the Human Rights Act, and must act in compatibility with the human rights legislation. The commander will be aware of the risks in relation to trafficking and modern slavery through their work, and will continue to comply with the obligations, as part of the Government, under the European convention on action against trafficking in human beings. Therefore, it is unnecessary to detail explicitly that that should be in the report. That does not mean that it will not be, as the hon. Member for Perth and Kinross-shire recognised when he withdrew amendment 1. He has made his point powerfully.

Amendment 14 would create a requirement for the Border Security Commander to include in the annual report a range of statistics relating to the new offences created by the Bill, and wider relevant statistics in relation to irregular entrants who have arrived via a sea crossing, and to deportations. The amendment proposes that the annual report must state how the commander has carried out the functions of their office in the financial year, and set out the commander’s views on the performance of the border security system, with particular reference to the strategic priorities that have been set.

The clause envisages that the report will be laid before Parliament and published. That will provide public and parliamentary accountability for the work of the Border Security Commander across all threats, although the strategic priorities may change over time as the threats against which the commander will need to report evolve.

Amendment 14 in the name of the hon. Member for Stockton West is quite prescriptive about what should be in the report, and includes a range of statistics. In the UK, we have quarterly publication of immigration statistics, which are organised by the Home Office and under the code of practice of the independent UK Statistics Authority. Statistics are regularly made available about what is going on in this area. The hon. Gentleman wants such statistics to be published, under statute, in the annual report that the commander puts before Parliament but, with all due respect, I think it is important that the commander is able to write his report himself without primary legislation directing him what to put in it, especially given that those statistics are regularly made available and are well looked at and reported upon. What the hon. Gentleman is suggesting is cumbersome and would not assist in ensuring that we have parliamentary and public accountability for the commander’s performance.

The hon. Gentleman also quoted from the assessments of the number of prison places that would be created by the new crimes that we will talk about when we debate subsequent clauses. I am not sure what he does not understand about serious crime prevention orders or interim serious crime prevention orders. The idea of some of the new powers—the counter terror-style powers, which we will talk about in due course—is that they will prevent crossings and crimes from happening in the first place. They will allow the police and the National Crime Agency to intervene much earlier and to stop crime happening. In those circumstances, there may be a lesser sentence rather than a prison sentence, but lives would be saved and exploitation would be prevented. That is the nature of counter terror-style powers.

I hope that the hon. Gentleman will accept that the annual report will allow public and parliamentary accountability for the work of Border Security Command and that he will not press his amendment, as it would create too inflexible an annual report for the commander, with too much outside interference through primary legislation.

[Pete Wishart]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 14, in page 3, line 37, at end insert—

“(c) state the number of persons who have, since the later of the passing of this Act or the last annual report, been—

(i) charged with offences under sections 13, 14, 18, and 43 of this Act; or

(ii) convicted of offences under sections 13, 14, 18, and 43 of this Act;

(iii) identified as entering the United Kingdom via sea crossing without leave to remain;

(iv) detained pending deportation or a decision on deportation;

(v) deported to a country of which the person is a national or citizen; or

(vi) deported to a country or territory to which there is reason to believe that the person will be admitted.”.—(Matt Vickers.)

This amendment would place a duty on the Border Security Commander to include, in their annual report, figures on immigration crime, sea crossings, detentions and deportations.

Question put, That the amendment be made.

Border Security, Asylum and Immigration Bill (Second sitting)

Debate between Pete Wishart and Angela Eagle

Committee stage
Thursday 27th February 2025 Public Bill Committees

[Dame Angela Eagle]

Q Of course, asylum claims are up because they were not being processed, but now they are. That is dealing with the backlog that was caused by the problems with the Illegal Migration Act.

David Coleman: I do not know how important the Illegal Migration Act was in increasing the number of the backlog, to be perfectly honest. In the past, it has been the same height without the Illegal Migration Act. About 15 or 20 years ago, it was also 90,000 per year, and that was way before any of the past legislation was enacted.

[Pete Wishart]

Q I was actually very excited when I found out that there was a professor of demography coming to this panel; I have a particular interest in population demography. Using your vast knowledge of the subject, could you explain what the population and demographic trends will be for practically every European nation towards the middle part of the century and the end of the century? How will these nations cope with population stagnation, population decline and the assorted problems with a smaller working-age workforce supporting an older generation, with a falling birth rate around the world? What will they do to deal with that?

David Coleman: This is a formidable tutorial group to try to give such an answer to. If I could say with any kind of confidence what was going to happen by the middle of the century, I would deserve a Nobel prize.

Asylum Seekers: Hotel Accommodation

Debate between Pete Wishart and Angela Eagle

Wednesday 20th November 2024 Commons Chamber

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

Here we go again with this new Labour Government simply copying and aping the failed and disastrous policies of the Conservative Government on hotel accommodation, while engaging in this grotesque competition to see who can sound the hardest on asylum seekers. Why not be bold and imaginative? Many of these asylum seekers are highly educated, with skills that could be deployed in communities up and down the United Kingdom. The ridiculous answer that the Minister gave to the Liberal Democrats about the UK being a pull to asylum seekers is simply nonsense, and she knows that with the tens of thousands coming to our shores right now. Why not get them usefully employed instead of leaving them to rot in hotels across the UK?

[Dame Angela Eagle]

We certainly want those who gain status to be usefully employed, and my part of the system is ensuring that we get those asylum decisions up and running as fast as possible. Unfortunately, we have inherited a difficult situation, which we are working hard to resolve. Once someone has gained status in this country, of course they are able to work, so we have to get the system working faster.

Small Boat Crossings

Debate between Pete Wishart and Angela Eagle

Wednesday 6th November 2024 Commons Chamber

[Dame Angela Eagle]

I assure my hon. Friend that we will do exactly that. It is why we have seen a step change in returns since this Government took office. There have been 9,400 in that period, which includes a 19% increase in enforced returns and a 14% increase in returns of foreign national offenders. We will ensure that our immigration system has integrity.

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

Sometimes, when listening to the exchanges between Labour Front Benchers and the Conservatives, we can forget that we are dealing with real people who are fleeing the most unimaginable horrors. Aside from the bizarre Rwanda plan, why is the Minister continuing with the same failed approach as the Tories? The Government continue to spend millions on hotels, drones and various bits of high tech; how about trying something different? How about looking at safe and legal routes, in order to smash the gangs? And how about showing some compassion?

[Dame Angela Eagle]

I am not going to get into a competition with the hon. Gentleman about compassion. We have a duty to ensure that asylum seekers who come to our shores are properly processed and dealt with, and integrated in our society if asylum is granted. [Interruption.] Despite the hon. Gentleman chuntering away, I am not going to stand here and say that we will let people smugglers, who exploit people for money, decide who comes to our country. We have to stop this trade; that is not at odds with treating those who arrive here with compassion.