Border Security, Asylum and Immigration Bill

Jo White Excerpts

Report stage
Monday 12th May 2025 Commons Chamber

[Chris Philp]

I missed being in Committee as well, and I missed the prospect of spending hours and hours in the hon. Lady’s company. Perhaps on some other occasion an opportunity will present itself.

The hon. Lady invites me to comment on a Third Reading matter, but since she asked the question, when we vote on a Bill at Third Reading—a yes or no vote—we are voting on it in its totality. While the counter-terror measures may have a very marginal benefit—it will be no more than marginal, as she should know—the Bill will also do some extremely damaging things that will make it a lot harder to control our borders. For example, clause 38 repeals pretty much the entirety of the Illegal Migration Act 2023.

[Jo White (Bassetlaw) (Lab)]

Will the right hon. Member give way?

[Chris Philp]

I will answer the question first.

Among other things, the Illegal Migration Act requires the Government to remove people who arrive here illegally, and it says there is no path to citizenship for somebody who comes to this country illegally, which is a very sensible measure. This Bill repeals almost all of that. The Bill also removes from the statute book the legislative basis to implement a removals deterrent. One of the first things the Government did on coming into office was cancel the Rwanda scheme.

--- Later in debate ---

[Chris Philp]

No, I will answer the question first.

The Government cancelled the Rwanda scheme before it even started. The first flight had been due to take off on 24 July. Everybody, including the National Crime Agency, has warned that without a removals deterrent we are not going to stop the boats. Law enforcement alone—important though it is—is not enough, and a border security commander with no powers is certainly not enough.

Experience from around the world shows that we need a removals deterrent. If people enter the UK illegally from France and are rapidly removed to somewhere else, be it Rwanda or elsewhere, others will not attempt the crossing because they know that removal will follow. Australia tried something very similar about 10 years ago—it was called Operation Sovereign Borders. Australia had a bigger problem than we did—at that time there were 50,000 people a year crossing—and within the space of only a few months, the removals deterrent it used stopped the illegal maritime arrivals, as Australia called them, entirely. The number went to zero, and it saved lives in the process. Australia used an island called Nauru rather than Rwanda, but the principle is the same.

Home Office Ministers must by now be regretting their hastiness, because in the absence of any removals deterrent, the numbers have gone through the roof. As I said already, this year so far has been the worst in history. Without a removals deterrent, there is no hope of stopping the crossings.

Clause 37 of the Bill repeals the entirety of the Safety of Rwanda (Asylum and Immigration) Act 2024, and amendment 32 seeks to remove clause 37. There will probably come a time—if not today, then in six months; and if not in six months, then in 12 months—when Labour Ministers will realise that their plans are not working, that the numbers are getting worse, and that without a removals deterrent they are not going to stop the boats. That is why this Bill and their policy is so misguided, and it is why the numbers this year have been the worst in history.

[Jo White]

I wonder whether the shadow Home Secretary could comment on the views of his colleague the hon. Member for Stockton West (Matt Vickers), who said during the Public Bill Committee that

“immigration is too high. Previous Governments have failed to solve it.”––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 18 March 2025; c. 347.]

I wonder whether he could also comment on the remarks of the hon. Member for Weald of Kent (Katie Lam), who said in Committee:

“The system is broken. It has been broken for many decades, and that is now plain to see.”––[Official Report, Border Security, Asylum and Immigration Public Bill Committee, 18 March 2025; c. 335.]

[Chris Philp]

I agree with both my colleagues, and that is why we have tabled amendments and new clauses to address this issue. I will come on to those in a moment.

It was a Labour Government that chose to cancel the removals deterrent before it started, and that is why the numbers are higher than they have ever been in history. It is a result of their choices.

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

I rise to speak to the new clauses and amendments in my name.

I was going to congratulate the hon. Member for Runcorn and Helsby (Sarah Pochin) on her maiden speech, but she seems to have joined her colleagues in the bar. I was going to tell her that she had achieved something quite notable: she has been able to force this Government to bring forward this immigration White Paper, as both the main parties try to outdo and triangulate the hon. Members from Reform, who are no longer in their places. May I just say to hon. Members on the Conservative and Labour Benches that they are more or less wasting my time: why would voters go for one of the diet versions when they could have the full-fat version in the hon. Member for Clacton (Nigel Farage)?

I have spoken at every stage of this Bill, including four interminable weeks and countless hours on the Public Bill Committee—[Interruption.] I wish I could say otherwise. Of course, for the Minister it was a positive experience, but for me it was nothing other than thoroughly frustrating, depressing and dispiriting. I have been appalled at the emerging casual and callous way that the most wretched people in the world are now portrayed and demonised, and I fear what this House now has in store for them. I despair at the lack of empathy and humanity that has been shown to some of the most desperate people in the world. I abhor the perception that essential human rights are considered a hinderance, to be dispensed with in the pursuit of even more cruelty and disregard. I think the House forgets that these are real people fleeing conflict, oppression and unimaginable horror.

I rise to speak in support of my new clause 3, on safe routes, because I believe that is the only way we should deal with those people. What we have done just now is create a monopoly and exclusive rights for the gangs that operate the Channel crossings. There is no other way for asylum seekers to assert their asylum rights. When they have the opportunity to assert those rights, most of them have them granted, which makes a nonsense of the fact that asylum seekers are being termed “illegal immigrants.” Instead of smashing the gangs, the Government are actually giving them new opportunities and making their business model even more lucrative.

I pay tribute to all the agencies and support organisations that helped me with these amendments and the amendments I tabled in Committee. Those groups are now in some sort of legal jeopardy because of some of the clauses in the Bill. Their opportunities to support the most desperate people in the world through advocacy and looking after their rights are now at risk because of some of the measures in the Bill. We are heading towards a particularly dark place in some of the considerations on these issues.

I am impressed by some of the Labour speakers when they talk about immigration and say that we have to be very careful how we handle this debate as we go forward, but I am really feart just now. I listened to what the Prime Minister said this morning and was horrified by some of the language he conjured up, which we thought we had lost decades ago. This is the type of territory that we venture into with very great sensitively, and I am afraid that the Prime Minister lost that this afternoon. I hope that we have the opportunity to press these new clauses and amendments, secure the safe routes and ensure that we do everything we can for asylum seekers.

[Jo White]

Thank you for calling me, Madam Deputy Speaker.

“People started dying. People were screaming. It is very painful when someone is dying inside the water. The way they die—they cannot breathe...it is very difficult. I never thought I would experience such a thing… It is a harrowing experience I do not want to remember. I was holding on to what remained of the boat and people were screaming. It is something I will not forget.”

This is the witness testimony of Mohammed Omar when he spoke at the Cranston inquiry, which is investigating the UK’s worst small boat disaster. On 27 November 2021, it is believed that 31 people lost their lives. Mohammed said that he was told that 33 people would be aboard the dinghy, but more were added, including children.

Those gang members whose sole focus is on the billions of pounds that their horrific trade generates, who overload boats that are not fit to go into the ocean, who treat human life as having no value, willing to put lives at risk for huge profits must experience the full force of the law. This Bill gives Border Command the powers to pursue, arrest and prosecute those people. Breaking and destroying the gangs is critical to bringing an end to the small boat crossings. Mohammed’s witness evidence underlines how important it is to achieve that.

The Bill not only gives the power and authority to work with our international partners to track down and break up the gangs, with the powers to seize and interrogate mobile phones and laptops to collect data and evidence, but the new amendment will introduce enhanced illegal working checks, putting a stop to those delivery drivers bringing meals or parcels to our doorsteps who cannot speak a word of English, potentially using IDs that have been borrowed or purchased from legitimate employees.

I welcome the raids on the businesses, such as the nail bars, barbers and restaurants employing illegal workers, potentially in slave labour conditions. In January there were 131 raids in my area of the midlands, with 106 arrests. The amendment will mean that those arrested will now face fines of up to £60,000 per worker and prison sentences of up to five years. The French have said that people want to come to the UK because it is all too easy to be swept into the black economy and work illegally. The heavy disincentives of fines and prison sentences have the power to put a brake on the demand for the illegal trafficking of people.

I welcome this Bill. As I said in February,

“crack on with the job, give us a running commentary of every success, publicise the return flights and the jailing of criminals, clear up the Conservatives’ mess, secure our borders, close down the use of hotels and stop the small boats.”—[Official Report, 10 February 2025; Vol. 762, c. 124.]

Today is the next step forward.

[Esther McVey (Tatton) (Con)]

I rise to speak in support of new clause 14. This Government came into power on the promise to “smash the gangs” and cut immigration numbers—what an empty, cynical slogan that turned out to be. The exact opposite happened: the gangs were emboldened and the Government lost control of illegal immigration, which is up 31% since the election and 35% in this year.

After the failure to smash the gangs and the poor showing at the recent elections, the Government’s response is another gimmick: the Border Security, Asylum and Immigration Bill. It is hollow, its five core principles are a word salad of empty phrases and it is a rehash of old ideas and contradictions. It lacks a deterrent. In fact, the biggest mistake that this Prime Minister has made, in a strong field of contenders, was cancelling the Rwanda scheme. Even the National Crime Agency described that as a deterrent, and it was already starting to work; we saw those coming in by dinghy from France starting to head to Ireland and other countries. Without Rwanda or another third country, there is no way to remove any illegal immigrants who destroy their documents as they come to this country.

As a result of cancelling that deterrent, we have seen illegal migration soar. Some of the levels of illegal immigration will come down, but that will be as a result of what the former Prime Minister, my right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak), did with his restrictions to stop dependants entering the country and the bilateral deals he made, such as the one with Albania to deport criminals. This Government say that they will now create a new legal framework for immigration judges to prevent illegal migrants and foreign criminals avoiding deportation by exploiting article 8 of the ECHR. That will never happen under the human rights lawyer who leads the Labour party, or a Labour party that champions the ECHR and the Human Rights Act.

The reality is that until this Government get ahead of the curve, get a spine, take the UK out of the ECHR, repeal the Human Rights Act—a law that Labour introduced to cement the ECHR in British law—reinstate the Rwanda scheme and radically clamp down on housing and benefits, I am afraid that immigrants will continue to come to the UK. The British people expect security and prosperity, not platitudes and broken promises. We in this House must act accordingly and vote in favour of new clause 14, which would disapply the Human Rights Act.