Border Security, Asylum and Immigration Bill

Tom Hayes Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Chris Philp]

The reasoned amendment makes it very clear that we support those powers, but we do not support the totality of the Bill. In terms of tough action, the Home Secretary has yet to explain to the House why illegal crossings have gone up by 28% on her watch.

[Tom Hayes (Bournemouth East) (Lab)]

Will the shadow Home Secretary give way?

[Chris Philp]

I will make some progress.

Let me turn to the detail of the Bill. The only problem with the Border Security Commander is that he 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. Preparing a strategic priority document and publishing an annual report are unlikely to smash the gangs. The Border Security Commander has no clear powers, merely an ability to publish documents and reports.

[Tom Hayes]

Will the shadow Home Secretary give way?

[Chris Philp]

The hon. Gentleman has been extremely persistent, and that deserves its reward.

[Tom Hayes]

I thank the shadow Home Secretary for the reward, and I hope to return one. The director general of the NCA has said:

“The Border Security, Asylum and Immigration Bill should help UK law enforcement act earlier and faster to disrupt people smuggling networks and give us additional tools to target them and their business models.”

The Conservative party is about to vote against the Bill. Why does the shadow Home Secretary think that he knows better than the director general of the National Crime Agency?

[Chris Philp]

The point of a debate is to engage rather than read out a pre-prepared question. The hon. Gentleman will be aware that the National Crime Agency has said that we need a deterrent. The Bill removes any legislative prospect of a deterrent, which is why we oppose it.

The Home Secretary talked about various new offences, including endangering life at sea and activities preparatory to supporting illegal migration. Of course, no one from any party in this House wants those things to happen, but the measures that she proposes duplicate the existing provisions in section 25 of the Immigration Act 1971, as amended by the Nationality and Borders Act 2022. Facilitating illegal immigration—quite a broad term—is already a criminal offence. Unlike her offence of endangering life at sea, which carries a five-year maximum sentence, section 25 of the Immigration Act states that facilitating illegal migration carries a maximum sentence of life, recently increased from 14 years. Guess who voted against that increase in the sentence? The Home Secretary.

Although we support the thrust of the clauses in the Bill, they are already covered by the tougher existing offence of facilitating illegal immigration. Clauses 19 to 26 contain plans to seize phones, which in principle we support, but that power exists already in section 15 and schedule 2 of the Illegal Migration Act 2023. There is an element of duplication.

Let me move on to the more objectionable parts of the Bill. Clause 37 repeals the entirety of the Safety of Rwanda (Asylum and Immigration) Act 2024. [Hon. Members: “Hear, hear!”] That appears to command some rather unwise enthusiasm from the Government Benches. As I said, the first flight under the Rwanda scheme was due to leave on 24 July, following extensive legal challenge and legislation in this House. Very unwisely, the Government chose never to start that scheme, which would have had a deterrent effect, because it stands to reason that if people know that if they try to cross illegally into a country such as the UK they will be removed to Rwanda, they will not bother in the first place.

We have seen that kind of scheme work elsewhere, with Operation Sovereign Borders in Australia around 10 years ago. We have seen it work here as well, with the 2023 removals agreement with Albania. Crossings by Albanians, who were the most numerous cohort crossing the channel, went down by 93%. Again, it stands to reason that if people know that if they arrive here they will be removed, they will not bother crossing in the first place. But hon. Members should not take my word for it. The National Crime Agency says that we need a deterrent, and even the Government’s own Border Security Commander, Martin Hewitt—who cannot command very much—says that we need a deterrent.