Border Security, Asylum and Immigration Bill (Third sitting)

Sarah Bool Excerpts

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Susan Murray]

That is a really important point. If the new clause were accepted, civil servants would perhaps have to look at ways to schedule meetings in advance so that they were not done on an ad hoc basis.

[Sarah Bool (South Northamptonshire) (Con)]

It is a pleasure to serve under your chairmanship, Dr Murrison. If the role of the Border Security Commander is ultimately to be successful, there needs to be confidence in its efficacy. The title of clause 3 is “Functions of the Commander”, but headings in law are often not necessarily reflected in the interpretation, and the clause does not fully do what it sets out to achieve. As the hon. Member for Perth and Kinross-shire highlighted, it does not actually set out exactly what the functions are. It sets out that the commander has functions, and that they

“must have regard to the objectives of…maximising the effectiveness of the activities of partner authorities”—

which I assume would include Border Force—and

“maximising the coordination of those activities”.

As Migrant Voice and Amnesty International said during evidence, it seems that the role of the border commander involves little more than administration, and I am concerned about what they will actually do. Even with the objective of issuing a “strategic priority document”, all they have to do is set out the principle threats to border security and the strategic priorities.

I have a genuine question about the efficacy of the border commander. First, border security goes beyond just migration; it also relates to our biosecurity, as mentioned in the Environment, Food and Rural Affairs Committee the other day. Border Force highlighted that it deals with numerous issues, including breaches of rules on personal imports. That means that illegal meats are coming into the country, which is a real concern for our border security.

I am concerned about what the border commander will be able to do. Border Force actually needs help with monitoring imports and safely disposing of illegal meats, but it seems that the border commander will be able only to pull together Border Force groups and get them to talk about the problem or list potential threats. We know what the threats are; we just need action, as Border Force itself has called for. It needs more powers.

My concern is that the establishment of the border commander, although an interesting approach, will not actually solve the problems that need solving right now. Perhaps the Minister could address what the border commander will be able to do in that regard.

--- Later in debate ---

[Dame Angela Eagle]

Yes.

I was going to talk about what new clause 21 suggests we should do. For example, the subsection on asylum processing seems to say that the Border Security Commander should somehow take over the duty to ensure that those who arrive illegally are processed within six months—something that the Conservatives did not achieve at all during their time in Government. I am not certain why the Border Security Commander should be empowered to take over the entirety of the asylum system.

Next, the new clause states that the commander should also be in charge of immigration enforcement, and that they should do removals as well as asylum processing and defending the border. The authors of the new clause seem to think that the Border Security Commander should be not only independent, but virtually all-seeing, all-singing and all-dancing, and that they should do absolutely everything with which the entire immigration and asylum system is currently charged. That is overreach, to say the least.

The new clause also suggests that the commander should remove people to a safe third place within six months for processing. In all their years in office, the Conservatives never managed to achieve any of those things. To put them into a new clause for a Government that has been in office for seven months—a Government who were left with the most appalling mess, with an asylum system that had crashed and had massive backlogs, and with a structure in the Illegal Migration Act that made it illegal for us to process any new arrivals who claimed asylum after March 2023—and to complain that we have not sent small boat arrivals home fast enough takes the biscuit.

[Sarah Bool]

I think the intention behind the new clauses, as has been identified, is to give the Border Security Commander more teeth to help him to do what he is supposed to do. Although I appreciate that behind the drafting of the Bill is a recognition that the commander might need to be reactive in future, the new clauses aim to reduce the number of illegal migrants; that is what we are all trying to tackle. When the Border Security Commander can only do things such as

“ maximising the effectiveness of the activities of partner authorities”,

“maximising the coordination” and issuing reports, it does not give us confidence that the commander has the necessary power or that we will see the results that the Government are trying to achieve.

[Dame Angela Eagle]

It is fairly astonishing to have a new clause that puts the Border Security Commander in charge of the entire asylum and deportation systems and asks him, in legislation, to achieve processing times that the Conservative party never achieved when they were in Government. It falls into the trap of empowering the Border Security Commander to such an extent that he seems to have to take over most of the Home Office. That is not really what we intend to do with this Bill. New clause 21 would result in a fairly astonishing increase in not only the power, but the reach of the Border Security Commander. That would be massively disruptive and would probably lead to an outcome similar to the collapse of the asylum system, of which we have had to clean up the mess.

--- Later in debate ---

[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.

[Sarah Bool]

To follow up on the points of the shadow Minister, my hon. Friend the Member for Stockton West, the duty to prepare annual reports feels like a self-appraisal. Essentially, all the commander has to do in those annual reports is state how they have carried out their role and set out their view on the performance. We need some more evidence. In appraisals in any work context, it is always necessary to have the opposite feedback, but I feel that is missing here. It is not clear that there will be an opportunity to challenge the information that comes in front of the House. We really need the detail.

I worry that the fact that the Government are not prepared to require the Border Security Commander to include these details of their work in their annual report is a sign that they do not have confidence in what the commander can do, so our amendment is very important. The hon. Member for Dover and Deal said that he is worried that it will be burdensome, but I think that the information it would require is the minimum that should be provided to us. That information should be happily supplied to the House in the interest of transparency, and I am sure the Minister is keen to do that. That needs to be considered, and perhaps she will address that.