Border Security, Asylum and Immigration Bill

Debate between Lord Hanson of Flint and Lord Swire

Committee stage
Thursday 10th July 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Swire, for tabling these amendments, if only because we have been able to revisit matters from the past 17 years on the benefits or otherwise of ID cards. I had the pleasure, or misfortune—delete as appropriate—to be in the Home Office in 2009 when we had the ID card rollout. I think I have said to the House before that I had ID card No. 3 at the time and had lots of biometric information taken from me. In fact, I remember travelling to Austria on my ID card instead of a passport—such was the pleasure of having that ID card.

I am pleased to see that the noble Lord, Lord Swire, has revisited his vote in the Commons and that the noble Lord, Lord Jackson, has suggested similar. However, that debate is for another day. It is not one we can revisit today, as it does not really feature in any of the amendments before us. While it provides an interesting historical perspective on the rights and wrongs of having ID cards, it is the amendment before us from the noble Lord, Lord Swire, that addresses biometric information, and, if I may, I will focus on that.

[Lord Swire (Con)]

I have enjoyed this exchange with the Minister on that vote. I have been trying to find out if there was any chance that I was not around during that vote; I was Minister of State in Northern Ireland at the time, and I was rather hoping that I was stuck over there. Unfortunately, because of a lack of data collection, there seems to be no way of finding out about my presence or otherwise at that time.

[Lord Hanson of Flint (Lab)]

Perhaps I can help the noble Lord. If he was in the building, he would have voted that particular way; otherwise, he would not have been a Northern Ireland Minister for very much longer. However, it is immaterial whether he was in the building or not; the Government he supported voted to abolish ID cards. Let me put that to one side, however; it is a debate for another day.

The proposed new clause in Amendment 102 is intended to require all foreign nationals to provide biometric information on arrival to the United Kingdom or face arrest if they fail to do so. I have no problem with biometric information and using it to secure our borders and protect the public. I have no problem with the fact that it is already a cornerstone of our immigration system, as it enables us to identify foreign nationals who are coming in and out of, or staying in, the United Kingdom. Individuals who seek to enter the UK are required to provide biometric information as part of their application for entry clearance or, indeed, an electronic travel authorisation. This allows us to do what I think the noble Lord wants us to do: to verify identity and assess suitability before arrival. We already compare applicants’ fingerprints against immigration and law enforcement databases, and that already enables us to identify those who may pose a threat in coming to United Kingdom. Requiring biometrics to be provided before a person travels to the UK also reduces the need for Border Force officers to deal with people who pose a threat on arrival.

Where a person arrives in the UK without the necessary entry clearance or electronic travel authorisation, we already have existing powers to capture their biometric information, and we can use reasonable force where necessary to do so. We already check biometrics at the UK borders, using e-gates that can match facial images to images contained in passports. For visa holders, we check their fingerprints at the primary control desks. Let me remind the Committee that the Government remain vigilant in their duty to protect our borders. As recently as March 2025, we introduced new legislation which significantly enhanced our ability to collect such biometric information at the border.

I know the noble Lord has good intentions, but were this new clause to be enacted, all foreign nationals would need to provide their biometric information, including people who are normally excused. This would include people who are physically unable to enrol with their biometrics or who are exempt from immigration control, such as sovereigns or heads of state, and that is neither practical nor proportionate.

For me, this is a key issue. The noble Lord and I are both former Northern Ireland Minsters, so he will know that under the Belfast/Good Friday agreement, there is no hard border between Northern Ireland and the Republic of Ireland. As part of the common travel area arrangements, the UK does not operate routine immigration controls on journeys within the common travel area, and no immigration checks are undertaken. Under his new clause, we would be unable to implement a policy of taking everyone’s biometric information as they enter Northern Ireland from Ireland without introducing a hard border. I do not think he wants that, but that is what the new clause would mean.

Turning to Amendment 149, on seizing identity documents—

--- Later in debate ---

[Lord Hanson of Flint (Lab)]

With all due respect to the noble Lord, I was moving to the view that the amendment does not have merit; that is the nature of political life, as the noble Lord knows. Having poured that large bucket of cold water on Amendment 102, let me return to the question of Amendment 149 and seizing identity documents.

I reassure noble Lords that immigration officers already have powers to seize and retain identity documents and to require them to be produced. Under Schedule 2 to the Immigration Act 1971, immigration officers have a power to require persons, on examination, to produce identity and other relevant documents, which may then be retained until the person is given permission to enter the UK. It allows immigration officers to take all reasonable steps and gives them powers to search and to seize documents relating to identity. Schedule 3 to that Act extends the powers in Schedule 2 to persons liable to detention for the purpose of deportation. Furthermore, there is a power in the Asylum and Immigration (Treatment of Claimant, etc.) Act 2004 whereby relevant documents in the possession of the Secretary of State may be retained where they may facilitate the removal of a person who may be liable to removal. Amendment 149 is therefore covered by existing legislation.

As for the noble Lord’s third amendment, on the issuance of biometric documents to individuals whose identity documents have been seized, again I must gently express some reservations. We already issue foreign nationals with status in the UK with biometric immigration documents in the form of an e-visa. Unlike physical documents, they cannot be lost, stolen or tampered with. We also issue asylum seekers with application registration cards that contain facial images and evidence that they have submitted a protection claim. We do not issue biometric immigration documents that confirm the holder’s status to people who have no lawful UK immigration status or an outstanding protection claim in the UK. We do not provide documentation that could be used for identification purposes, to avoid creating the impression that someone is in the UK lawfully.

Since November 2024, we have stopped issuing physical biometric cards to foreign nationals granted status in the UK. Having to issue physical biometric cards to people whose documents were seized would generate additional costs—without adding them up, there would be several million pounds’ worth. It is also important that the Committee recalls that the misuse of identity documents is a criminal offence under the Identity Documents Act 2010, and the supply of equipment for the creation of false documents is similarly proscribed under the Specialist Printing Equipment and Materials (Offences) Act 2015.

I hope that that explanation helps the noble Lord. Obviously, he can return to this on Report if he wishes to, but I hope that he will withdraw his amendment, having heard my defence of the Government’s position.

[Lord Swire (Con)]

My Lords, I am most grateful to the Minister, but I do not agree with his position. This would have provided him with an opportunity to send a very strong signal out to all those watching these debates and following the issue of immigration very closely. There was a lot in what he said about officials having the power and how they could do this and that, and it was all tentative again. My amendments sought to ensure that they did these things. That is the only way we can get a degree of certainty. I hope that we can return to this in the future. I strongly suspect that the Government’s position on this will have to change but, in the meantime, I beg leave to withdraw my amendment.

Police: Stop and Search

Debate between Lord Hanson of Flint and Lord Swire

Tuesday 6th May 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The noble Lord will know that it is for the police themselves to determine whether they undertake stop and search. That was a particular judgment for police officers rather than for Ministers. He will know, in the Metropolitan Police area in particular, 26% of all stop and searches were taken by the Metropolitan Police overall, resulting in over 21,999 arrests—from 16% of those stop and searches.

We have signed up and supported the Metropolitan Police and others included in the Police Race Action Plan, and the Metropolitan Police has signed up to that plan. It looks at how stop and search is being used by police on black and ethnic minority individuals, and at involving black and ethnic minority representatives in monitoring the use of stop and search. The noble Lord is right that stop and search should be used for serious crimes. That also requires strong training and support to police officers, to ensure their safety also.

[Lord Swire (Con)]

My Lords, how wise is it to put off the introduction of biometric ID cards?

[Lord Hanson of Flint (Lab)]

Well, my Lords, I was in the Home Office when we had ID cards, which were abolished by the then Conservative/Liberal Democrat coalition. The noble Lord has made his point. I wish that they had not been abolished, but we are in a position now where, 15 years ago to the day, the party that he supports, with Liberal Democrat support, came to power and, as a result, abolished the ID cards that he now seeks to reintroduce.

Respect Orders and Anti-social Behaviour

Debate between Lord Hanson of Flint and Lord Swire

Tuesday 3rd December 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

I expect these cases to be heard in magistrate’s courts, but again, those issues can be tested in Committee. The Bill will be considered in this House in Committee for a significant period, having been considered first by the House of Commons. That is why we are trialling respect orders, and we will put a number of pilots in place if the legislation is passed. The lessons learned from that will be considered —how long it takes to deal with a respect order, which court it goes to, the length of the trial period we put in place and what resources are required to deal with it.

[Lord Swire (Con)]

My Lords, regarding the Minister’s remarks about tightening up the legislation surrounding e-bikes, we are seeing those used increasingly for mobile theft all around the capital. Can he look at the increasing menace of normal bicycle riders riding on pavements and knocking over, often, elderly people or children? In parks, they are subject to by-laws, which are simply not enforced. The whole of London is criss-crossed with cycle lanes. Should there not be a penalty for those who continue to ignore signs and ride their cycles on pavements?

[Lord Hanson of Flint (Lab)]

I may be going off script here, but I agree with the noble Lord. There is not a day when I come into London that I do not see someone jump a traffic light or ride on a pavement. Those matters are covered by existing sanctions, if the police can track those individuals. Many cyclists behave perfectly reasonably, which is also important, but if individuals break the law which is currently in place, the police should take sanctions against them.

Probation Services: Prisoner Early Release Scheme

Debate between Lord Hanson of Flint and Lord Swire

Thursday 14th November 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend for that question. If I may, I shall reflect on that and raise those points with the Minister, my noble friend Lord Timpson; he will have the detail of the recruitment exercise, which I do not have before me today. I ask her to rest assured that the 1,000 new officers are on track for March 2025, and quality is key to the delivery that those probation officers are seeking to ensure.

[Lord Swire (Con)]

My Lords, will the Minister confirm that no foreign national offenders are being released under the early release scheme?

[Lord Hanson of Flint (Lab)]

I am afraid I cannot give the noble Lord a direct answer on that, but I will examine the list of offenders who are being released. However, foreign national offenders per se will in some cases be subject to deportation on release, will be subject to the same issues of recall in the event of any further offending and will be subject to probation management accordingly. I will look at the figure because I do not have it in front of me, for reasons that I hope he understands, and I will return to him shortly.