Border Security, Asylum and Immigration Bill

Lord Lemos Excerpts

Committee stage
Monday 13th October 2025 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I have Amendment 207 in this group. I agree with the noble Lord, Lord Davies of Gower, that it is rather odd that the serious crime prevention provisions are in this Bill. I wondered whether it is because the Crime and Policing Bill was “overloaded”—would that be the term to use? But that is the extent to which I agree with the noble Lord.

I am not alone on these Benches: the noble Lord, Lord Paddick, and I have raised a number of times over the years our concern about civil orders morphing into crime without any finding of guilt. The Bill extends serious crime prevention orders with the inclusion of electronic monitoring and the creation of interim orders, extends the list of parties who can apply for an order—the noble Lord, Lord Davies, would extend it further—and gives the Crown Court jurisdiction in this area. So it will be no surprise to anyone who has heard us before to see this amendment.

It is not only the extensions that make the need for a review all the more important. There is very little evidence or data, if any, to show that the orders work. They overlap with other orders, so there is some confusion. There is inconsistency in their use, which I have become very aware of in the context of modern slavery and human trafficking, where it became clear that some police forces were not even aware that they could pursue equivalent orders. There is a lack of resourcing and infrastructure to monitor and enforce orders. Breaches are common, which is not surprising, because individuals do not have adequate support to comply with the restrictions and requirements that orders can contain and so, as has been put to us, they are set up to fail.

The Joint Committee on Human Rights made recommendations with regard to these provisions:

“Given the severe infringement on the right to privacy posed by the imposition of electronic monitoring, the test should be one of ‘necessity and proportionality’, not whether it is ‘appropriate’”,


and,

“To ensure respect for Convention rights, the prosecuting authorities and the courts must be careful to only seek and impose these interim orders where risks are imminent”.


Rather than proposing those provisions specifically, we on these Benches feel that it would be helpful and important for there to be a review of prevention orders in the round before we make piecemeal additions to them, and a review would certainly extend to the issues of necessity and proportionality.

[Lord in Waiting/Government Whip (Lord Lemos) (Lab)]

My Lords, I am grateful to the noble Lords, Lord Davies and Lord Cameron, in the first instance, if I may, for their careful consideration of these new provisions and for tabling Amendment 204. I recognise that the amendment stems from a shared commitment to robustly address serious crimes. With regard to objectives, I think we are largely on the same page here. I am hoping that I am going to be able to explain why the provisions are framed as they are in a way that will satisfy the noble Lords.

This amendment seeks to align the sentencing framework for this new offence with that of Clauses 13 and 14, which deal with articles intended to for use in immigration crime. The articles for use in immigration crime offences require that the individual charged knew or suspected that what they were supplying or handling was for use in immigration crime. People, such as smuggling gangs, know that, although the items involved may be very everyday items, they are being supplied and sold to vulnerable people, and in doing so they contribute to the tragic loss of life at sea and in the back of refrigerated lorries. This is a serious crime leading to endangerment and loss of life and, as such, combined with the mens rea threshold, the sentence is set appropriately and proportionately high.

By contrast—this is the distinction, because it relates to both the amendments that I want to clarify—the new offence in this clause targets items that are rarely if ever used for lawful purposes. There is a strong justification in the Government’s view for shifting the evidential burden in those cases. I will come in a moment to the question of reviewing and monitoring that was raised by the noble Baroness, Lady Hamwee. For example, where someone is found with a 3D firearm template or a pill press, the suspect will need to demonstrate a lawful purpose, which will obviously be very difficult. Standardising the punishment across these two offences would ignore those important differences and, with that in mind, while I understand the intent behind the amendment and the seriousness with which we take the commitment to address the issues in both immigration crimes and serious crime prevention orders, I urge the noble Lord to withdraw the amendment at this stage.

Turning now to the amendment tabled by the noble Baroness, Lady Hamwee, I am grateful to her and the noble Lords, Lord German, Lord Davis and Lord Cameron, for their careful scrutiny of these provisions and for tabling Amendments 204A, 204B, 207 and 208B. Amendments 204A and 204B, tabled by the noble Lords, Lord Cameron and Lord Davies, propose expanding the list of agencies that can apply for a serious crime prevention order to include Border Force, Immigration Enforcement and Border Security Command. I reassure the noble Lords that the Government share their intention to ensure that front-line agencies can apply directly to the High Court for an SCPO and therefore remove some of the difficulties. That is why the Bill is already expanding the list of agencies to include the police in all cases, as well as the National Crime Agency, HMRC, Ministry of Defence Police and British Transport Police. It is likely that, in many cases where criminal proceedings are not being pursued, these agencies, in our view, will be best placed to lead the process of applying for an SCPO as they will already have an in-depth knowledge of the case.

However—I come to the point of the amendment from the noble Lord, Lord Davies of Gower—to add these three Home Office commands to this list would be ineffectual. That is because we believe they are not resourced to monitor and enforce SCPOs effectively. Rather, their focus is rightly on protecting the UK’s border while working alongside law enforcement agencies. I think we are suggesting that, without stating it too baldly, there is a conceptual difference in our mind between border security and pursuing that and law enforcement and monitoring that. We think their focus should be on protecting the UK’s border while working alongside law enforcement, such as the National Crime Agency, referring cases and sharing intelligence as appropriate. Therefore, on that basis, I ask the noble Lords not to press their amendment.

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[Baroness Hamwee (LD)]

My Lords, that has to some extent answered the point I was going to make, but the noble Lord has made me realise that we missed a trick in not seeking to leave out the power to extend these provisions, as he has just mentioned. He said that the use will be monitored and that there will be data. I take it that that will be published. Will the evaluation of the monitoring be published, because monitoring without assessing what is going on is not terribly helpful? Does it fall within the reporting to the House? He may not in a position to answer that this evening—or rather this morning—but perhaps he can write to me on that.

[Lord Lemos (Lab)]

I am very happy to write on that point but, speaking as a practitioner of the dark arts of evaluation, I am generally in favour of its publication.

[Lord Davies of Gower (Con)]

My Lords, I thank the noble Lord for his response and will be very brief in closing this group. The amendments considered here all focus on provisions drafted by the previous Government and continued by this one, so it is not surprising that I support them. My amendments in this group do not signify my opposition to these clauses of the Bill. Rather, they serve as suggestions to further improve and expand the ability of immigration authorities to combat immigration crime—although I perhaps take issue with what the noble Lord said in respect of Amendment 204B. Perhaps that is a debate for another time. I understand his view on this and I beg leave to withdraw.

Border Security, Asylum and Immigration Bill

Lord Lemos Excerpts

Committee stage
Monday 8th September 2025 Lords Chamber

[Lord Harper (Con)]

I am very pleased that my noble friend Lord Jackson raised that, because I read that piece this morning and it is part of the reason why I was keen to speak on this amendment. In the debate that was going on this morning, our friend the shadow Home Secretary was challenging the new Home Secretary on this. She hit back and made the point that this permissive power had been in place for some time and had not been used for the reasons that I set out and because of all the other arguments that will be brought forward in government about why you would not want to disturb the relationship between the United Kingdom and the other country that is refusing to take back its citizens. It was interesting to note that the Home Secretary appears a little more seized of using this power.

We are trying to be helpful here because—I do not know, but I suspect—when she has these arguments inside government and expresses her intention to use this power, she will get quite a lot of push-back from the Foreign, Commonwealth and Development Office and from the new Foreign, Commonwealth and Development Secretary, who perhaps may not have remembered that, just a short while ago, she was responsible for these important matters in the Home Office; it is amazing how quickly Ministers forget when they change departments. The Business Department and the new Business Secretary will be making the point about our important commercial relationships. Actually, the new Home Secretary may well welcome the strengthening of her hand that would be put in place by the Government accepting Amendment 199.

When the Minister responds, even if he does not like the specific drafting of the amendment on the Marshalled List today, and given what my noble friend Lord Jackson said about the Home Secretary’s views, I hope that he gives it a fair wind and commits to come back with a government amendment on Report. If he does not, perhaps we will discover that the Home Secretary’s tough words are just that—words.

[Lord in Waiting/Government Whip (Lord Lemos) (Lab)]

My Lords, if the noble Lord, Lord Harper, will forgive me, I will not comment on the consequences of the fall of the French Government on this legislation or any other. My noble friend Lord Hanson has been a Minister for 15 years; I am of a rather more recent vintage, like a cheap wine, so, if the noble Lord does not mind, I will pass on that. But I have not the slightest doubt that it will be the subject of further debate and comment in your Lordships’ House before too long.

Amendment 198, from the noble Lords, Lord Davies and Lord Cameron, proposes a cap on the number of entrants of partners and proposes amendments to the immigration requirements for a partner of a person present and settled in the UK. I will set out the overall position. The Government are very clear that net migration must come down, and the swift return of those with no right to be in the UK forms a key part of a functioning migration system that commands the confidence of the British public. The provision for family members to come to or stay in the UK is set out in the Immigration Rules, so this is not, strictly speaking, the correct legislation for this debate. But the Government’s position is clear: we support the right to family life and we value the contribution that migrants make to our society. As a migrant myself, I am profoundly grateful for the opportunities that I have had in this country. Like so many others, I have an ineradicable respect and admiration for British institutions and values. Perhaps that is why I am here today.

The noble Lord, Lord Harper, talked about the expectations of immigrants. I entirely endorse those remarks but, as an immigrant myself, I should also say that, in large numbers, immigrants are happy and proud to fulfil the expectations that he sets out.

However, this commitment to supporting the right to family life must be balanced, as we all know, by a properly controlled and managed immigration system that commands public confidence. I note that the noble Lord, Lord Jackson of Peterborough, commented on earlier amendments that there is a great deal of consensus on these points. Our immigration system welcomes people from across the globe to come to the UK to join family here, and it is right that we continue to enable family migration.

To ensure financial independence, the family rules include financial requirements. The minimum income requirement is currently set at £29,000. On 10 June, the Migration Advisory Committee published its independent review of the financial requirements across the family route. The report is now under review, and we will consider the recommendations made by the MAC.  The Home Secretary will respond to the review in due course.

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[Baroness Lawlor (Con)]

On welcoming overseas students, I accept that good students who come here lawfully can be a great bonus. Indeed, I have had the benefit of teaching such students, and I had a great time with bright students. But does the Minister agree that many UK universities are now dependent on overseas applications and overseas student fees, and that this can have a detrimental effect on the cultural life of the university and perhaps on its overall quality? In some institutions, it seems that the courses offered and their quality have changed as universities race to increase their fee income through a higher overseas student ratio. I am not saying that this is true of all universities, and there are other ways of obtaining income. It requires more work by universities, but many have pioneered other ways of getting that income by setting up overseas campuses.

[Lord Lemos (Lab)]

It is not really within my brief to comment on the financing of universities, so the noble Baroness will forgive me if I do not go too deeply into that. However, I can be clear about the grounds on which a student’s permission to stay may be cancelled, and this relates to some of the points the noble Baroness has made: where the person’s sponsorship or endorsement has been withdrawn, for example because they do not have the required knowledge level of the English language; where the person does not start their course with their sponsor—that is important because, as universities know, people sign up but do not turn up; where the person ceases to study, which can include no longer attending their course, completing it at an earlier date or the start date of their course being delayed for more than 28 days; where the sponsor loses their licence—this is important too—or transfers the business, so if they are not a serious higher education institution and are not sustainable; or where the business for which the person studies is transferred to another business or institution and that business or institution, for example, fails to apply for a sponsor’s licence.

If the noble Baroness will forgive me, I do not feel I can comment on higher education funding, but we think we have robust arrangements for removing people and cancelling student visas where there are the sort of problems I have set out, including those to which the noble Lord, Lord Jackson, referred in relation to crime and disorder.

Foreign nationals—including students, of course—who commit a crime should be in no doubt that the law will be enforced, and that, where appropriate, we will pursue their deportation. Before coming to your Lordships’ House, I was deeply involved for many years with the Prison Service, and I saw at first hand the problems of not deporting foreign national offenders and what that was doing to not just immigration policy but the prison capacity crisis. I spent several years working on that policy with the Ministry of Justice, so I understand that problem very well and take very seriously the need to get better at it.

On the specifics of the amendments about publishing data on these topics, the Home Office already publishes a vast amount of migration statistics, as your Lordships know, including information on visas, returns and detentions. If I may say so, too much of that information does not play a large enough role in an often fevered public debate which is often based on rumours rather than detailed facts. The official statistics published by the Home Office are kept under review, in line with the code of practice for statistics. This ensures that we identify changing needs for new statistics to support public understanding. The noble Lord, Lord Jackson, and the noble Baroness, Lady Lawlor, have made suggestions, and they may want to continue to press that case.

The Government recognise that there has been heightened interest from parliamentarians, the media and members of the public about the numbers and types of criminal offences committed by foreign nationals in the UK, what happens to foreign national offenders after they have been convicted—I have already stressed my interest in this subject—and what happens to them after they have completed their sentences. We understand the importance of this information. The department is assessing what more can be done to improve the processes for collecting and verifying relevant data on foreign national offenders and their offences and to establish a more regular means of placing that data in the public domain. By the end of 2025—so, again, not far away—if this work progresses as planned, the Home Office proposes to publish more detailed statistical reporting on foreign national offenders subject to deportation and those returned to countries outside the UK.

Before I sit down, I shall make one other comment in response to the question asked by the noble Lord, Lord Harper, about the agreement between the UK and France. It remains firmly in place, and we shall continue to work with the French Government in all their various forms. On the basis of the assurances that I have given, I ask the noble Lord to consider withdrawing his amendment.

[Lord Jackson of Peterborough (Con)]

I thank the noble Lord, Lord Lemos, for his excellent response. It is the first time I have had the pleasure of listening to him at the Dispatch Box, and I welcome him to it. I thank other noble Lords for their contributions to this interesting debate—even the noble Lord, Lord Pannick, with whom I disagree. His characteristically eloquent but pugnacious contribution was most appreciated.

The Minister touched earlier on the reason why I tabled this amendment. I asked his colleague, the noble Lord, Lord Hanson of Flint, a Question for Written Answer about the collection of data around student visas and criminality. He answered on 25 March that the Home Office did not collect that data. If you are going to design public policy around an efficient and effective immigration policy, wider economic issues and the efficacy and viability of the higher education sector all wrapped up in one, you cannot do it if you do not have the data. You need to collect that data. It is not just about criminality. In fact—dare I say it?—my noble friend Lady Lawlor’s amendment is actually more germane to this debate because we need to collect that data. The Government should perhaps look at that on Report.

On Amendment 199, I think that there is quite a bit of consensus across the Committee about the rather liberal, permissive powers of the Government in response to what one might call, if one used a pejorative term, visa retaliation. There is a way of doing it in a more collaborative way without going nose-to-nose with each individual country. It is good that the Government are now looking to invoke those powers because they are important. Countries should know that they have a duty and a responsibility adequately to address the issues we have in our country.

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[Baroness Hamwee (LD)]

Can the noble Lord be tempted to express support for Amendment 203C? On his test of support by the British public, there can be no doubt that the British public support Ukrainians who are here.

[Lord Lemos (Lab)]

My Lords, I thank all noble Lords, at such a late hour, for their contributions, and I add my good wishes for a speedy recovery to the noble Baroness, Lady Brinton, and the noble Lord, Lord Alton. In the absence of the noble Lord, Lord Alton, I very much welcome the opportunity to hear from my noble friend—my very good friend—Lady Kennedy of The Shaws.

This group includes Amendments 164, 173, 174, 203B and 203C, proposed by the noble Lords, Lord German, Lord Jackson and Lord Alton, and the noble Baroness, Lady Hamwee, relating to safe and legal routes. I begin by reaffirming the United Kingdom’s proud record of offering sanctuary to those fleeing war, persecution and oppression around the world. It is fundamental, a cornerstone of our international reputation. The UK operates global safe and legal routes for refugees, including the UK resettlement scheme, in partnership with the UN Refugee Agency, the UNHCR. As the noble Lord, Lord German, referenced, the UNHCR assesses refugees living in formal refugee camps, informal settlements and host communities and identifies who would benefit most from resettlement to the UK.

We do not seek to influence the cases referred to us by the UNHCR. This ensures that refugees from across the world can access a safe and legal route to the UK. Alongside this, we have bespoke routes to sanctuary, as noble Lords have mentioned, for those from Ukraine, Afghanistan and Hong Kong. There is no provision within our immigration routes for someone to be allowed to travel to the UK to seek asylum. While we of course sympathise with people in many difficult situations around the world, I am afraid we could not consider protection claims from large numbers of individuals overseas who might like to come to the UK. Those who need international protection should claim asylum in the first safe country they reach. That is the fastest route to safety.

I know that the noble Lord, Lord German, has been concerned about safe and legal routes for a long time. They are an important part of the Government’s wider strategy to restore control over the immigration system. The immigration White Paper published on 12 May 2025 announced a review of refugee sponsorship and resettlement, and further details will be set out. Problems in the asylum system are hardly new, and the Government are determined to restore order to the asylum system so that it operates swiftly, firmly and fairly.

Amendment 173, tabled by the noble Lord, Lord German, and the noble Baroness, Lady Brinton, includes a provision that would enable biometrics to be waived. Biometrics, in the form of fingerprints and facial images, underpin the current UK immigration system to support identity assurance and suitability checks on foreign nationals who are subject to immigration controls. They enable us to have comprehensive checks against immigration and criminality records to help identify those who pose a threat to our national security, public safety and immigration controls, or those who we think are likely to breach our laws if they are allowed to come to the UK. There is, however, I reassure noble Lords, already scope to waive or defer the requirement to enrol biometrics in compelling circumstances.

It is for these reasons that the Government cannot support any amendment which would undermine those efforts and create an unlimited route, adding untold pressures on our decision-makers and accommodation and support systems, as well as the justice system. The number of people we can support through safe and legal routes depends on many factors, including local authority capacity for supporting refugees. I fear a scheme that would be difficult to control, such as this one, would quickly overwhelm our asylum system and have wider ramifications in our entire immigration system. As other noble Lords, including the noble Lords opposite, have mentioned, we worry that that would compromise public confidence.

Amendment 203B from the noble Lord, Lord Alton, seeks to amend the British national (overseas) route into primary legislation, so that any changes restricting eligibility conditions and settlement can be made only with the agreement of both Houses of Parliament through the affirmative resolution procedure, and I have noted the comments made in the Committee about the importance of the commitments we have made. I reassure the noble Lord, Lord Alton, and others, that the Government are firmly committed to supporting members of the Hong Kong community who have relocated to the UK, and those who may yet come here in the future on the British national (overseas) visa route.

The Government recognise the concerns that the White Paper proposals on new earned settlement and citizenship rules have raised, and we are taking steps to ensure that British nationals overseas can share their views during the upcoming consultation. We appreciate how important this issue is to the Hong Kong community, and we will listen carefully to what they tell us.

Given the ambitious nature of the proposals in the White Paper, it is essential that we fully understand their impact on all affected groups before making final decisions. Following the consultation, the Government will outline how the new rules will operate, including which immigration routes they will affect and when the changes will come into force. In the meantime, the current rules for settlement under the BNO route will continue to apply.

Delivering the BNO visa route through the Immigration Rules allows the Government to make swift changes to the route when necessary; for example, should the situation in Hong Kong deteriorate further. This amendment, we on the government side fear, would limit this ability to act quickly and create unnecessary delays. Given the unique circumstances of this group of people whom we support, the flexibility of the Immigration Rules is, in the Government’s view, more appropriate.

Finally, I will address Amendment 203C from the noble Lord, Lord Alton. The purpose of this proposed new clause is to make individuals under the Ukraine scheme eligible for indefinite permission to stay once their permission has expired, even if there is no further permission they can apply for under the scheme. The UK support for Ukraine remains steadfast and, together with our international partners, the UK continues to stand in solidarity with Ukraine and condemns the Russian Government’s unprovoked and premeditated war. That stance has had the very committed support of the entire House and the country as a whole.

Audit, Reporting and Governance Authority

Lord Lemos Excerpts

Monday 31st March 2025 Lords Chamber

[Lord Leong (Lab)]

The noble Lord makes a very good point. At the end of the day, we would like any regulator to perform the work but not to overburden SMEs or, for that matter, to stifle growth, which is the Government’s number one priority.

[Lord Lemos (Lab)]

My Lords, the creation of a new auditing authority was first mooted in 2018 under the last Government. Despite numerous statements that this is a priority, firm after firm has collapsed, raising new concerns about the adequacy of the UK’s auditing arrangements. While it is of course important that we get this right, can my noble friend reassure your Lordships’ House that we will not have to wait another seven years before we make progress?

[Lord Leong (Lab)]

My Lords, my noble friend is right to point out the length of time that it has taken to reach this point. Let us not forget that the collapse of BHS and Carillion caused havoc in the country. It was a wake-up call, when 11,000 people lost their jobs in BHS and 30,000 people lost their jobs in Carillion. Improving auditing standards is an important step, not least to better inform lending and investment decisions. I hope my noble friend will take heart from the fact that this was included in our manifesto commitment and in our first King’s Speech. We look forward to the proposals receiving pre-legislative scrutiny in due course.