Crime and Policing Bill

Jo White Excerpts

2nd reading
Monday 10th March 2025 Commons Chamber

[Yvette Cooper]

My hon. Friend is exactly right that we need the police back on the streets. Let us be honest: everyone can see this in their community. People know. Conservative Members may think that everything was hunky-dory at the end of their 14 years in government, but communities across the country can see the reality. As part of our neighbourhood policing guarantee, we need to get more boots on the beat, and we need more town centre patrols by officers who know the community and are trusted by them to go after local perpetrators and prevent persistent crime. These are not outlandish demands—they are just the basics. We need a return to the Peel principles that lie at the heart of British policing, including the principle that the police are the public and the public are the police. We need trusted officers in the community, working to keep people safe.

The Bill gives neighbourhood police more powers to tackle the local crimes that undermine and damage communities: antisocial behaviour, street theft, shoplifting, harassment in our town centres. In too many areas, those powers were too often weakened. Travelling around the country, I and many others will have heard the same story too many times—shop owners who say that thieves have become increasingly brazen; crime driven by organised gangs; elderly shoppers who say that they do not go into town any more because they do not feel safe; people who have had their phones stolen in the street, with all the details of their life ripped away from them; and residents driven mad by the soaring number of roaring off-road bikes and scooters driven in an antisocial and intimidating way.

In the two years before the election, shop theft went up by more than 60%. Snatch theft, mainly the theft of mobile phones, went up by more than 50% in two years. Thousands of such crimes were reported every single day, yet the police have been left with too few powers to act. Too often, because of changes made by the Conservative Government 10 years ago, they have been left with weakened powers to tackle those antisocial behaviours and crimes.

[Jo White (Bassetlaw) (Lab)]

I welcome the introduction of a new offence of assaulting a shop worker. I have been in shops in Worksop where I have seen shop workers who are absolutely fearful of what will happen next, and I have seen food stolen before my eyes. Does the Secretary of State agree that local shops must become no-go areas for lawbreakers?

[Yvette Cooper]

My hon. Friend is right. The Bill introduces stronger action on retail crime. I thank the Union of Shop, Distributive and Allied Workers, the Co-op, the British Retail Consortium, the Association of Convenience Stores and more for their determined campaigning over many years to protect shop workers. They are the staff who kept their shops open and kept our local communities going through the pandemic, but in recent years they have had to face a truly disgraceful escalation in threats, abuse and violence. Our party has campaigned on this measure for very many years. Through the Bill, we will introduce a specific offence of assaulting a retail worker, sending the message loud and clear that these disgraceful crimes must not be tolerated, because everyone has a right to feel safe at work.

Border Security, Asylum and Immigration Bill (Sixth sitting)

Jo White Excerpts

Committee stage
Thursday 6th March 2025 Public Bill Committees

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

These clauses create invasive new search, seizure and retention powers, along with the powers to access, copy and use information contained within an electronic device. The new powers can be applied to any person who arrives irregularly and has not yet been granted permission to enter or remain in the UK. They allow an immigration or police officer to fully search a person, including a search of that person’s mouth. I expect that the Minister will tell us exactly whether that particular qualification is required for these new powers.

This is not the plot and setting of some future dystopian film: it will be the UK sea border in the course of the next few months. These things will not be done to hardened criminals wandering the streets of the United Kingdom or those associated with violent crime. They are to be done to some of the most abandoned and traumatised people in the world. With these clauses we are starting, measuredly, to go into police state territory. They are essentially a hybrid form of stop-and-search powers, without the due qualifications and reassurances. I do not know if profiling will be a part of this—I will be interested in the Minister’s response—but it seems like only one profile will be included in all that, which is that of every asylum seeker. They may all be subject to these new powers.

For these powers to be exercised, there need only be reasonable grounds and suspicion that a relevant article appears to store some electronic information that relates or may relate to the future or past commission of a facilitation offence. That seems excessively broad. Practically any person who arrives irregularly to the UK may be subject to these powers. Any information received from these searches would be used for preventing, detecting, investigating or prosecuting facilitation offences. The property can be retained for as long as considered necessary to assess, examine or copy information for use in proceedings for an offence, before being returned or disposed of.

I trying to think why the Government want these clauses. I know they are going to tell us it is all about helping to disrupt organised crime and making sure they can find particular and specific information on electronic devices, but I think a lot of it has to do with the 2022 High Court ruling decreeing that the Home Office’s secret policy of blanket searching, seizing and returning mobile phones from individuals arriving by small boats was unlawful.

Just like the Tories before them, if any particular law that defends and protects people is seen or deemed to be a little bit unnecessary, the Government will just bring in a new one to override it completely, forgetting anything to do with the consequences and implications for people. These new offences clearly compromise a person’s right to a private and family life. Given the confidential, legally privileged, sensitive, private and personal nature of the messages, photographs, information, correspondence and data that may be on such mobile devices, we hold that that could only ever be the case. To be fair, the Government respect that and acknowledge it as fact, and the European convention on human rights memorandum suggests that the new powers could be distinguished and that phones will not be seized on a blanket basis when these powers come into force—well, thank goodness for that.

The memorandum says:

“The Home Office will issue non-statutory guidance about the use of the powers and training which will be required for authorised officers exercising those powers.”

We will have to see that happen pretty quickly, because we have no idea how any of these powers will be exercised. Again, I am entirely happy to take the Minister at her word on how the new law will be exercised as we go forward. However, there is no such guidance for parliamentary scrutiny during the passage of the Bill, so it remains entirely unclear how the Home Office proposes to use these wide and invasive new powers.

I am distinctly uncomfortable with the new powers, and I am disconcerted about how they may be applied and used. A number of agencies have serious misgivings about the type of individuals who will be subject to these new powers. The Minister has to explain just a little more how these powers will be used and what protections will be put in place, particularly for some of the most traumatised people whom we will be ever deal with in this country.

[Jo White (Bassetlaw) (Lab)]

I very much welcome this element of the Bill on electronic devices. While clause 22 will give officers powers to seize digital devices that are believed to be used for the purpose of people smuggling, clause 23 gives suitably trained and accredited criminal investigators the powers to access the information on mobile devices, phones and laptops that will build the evidence base, history, connections and understanding of the routes of the criminal gangs.

Seizing and extracting data from mobile devices is a powerful tool already used by our security services. There are already established Home Office guidelines on this, and these clauses extend those powers and will help enable intelligence-led profiling of irregular arrivals. That key change will lead to greater opportunities to disrupt the trade of these awful gangs.

[Chris Murray (Edinburgh East and Musselburgh) (Lab)]

I want to make just a couple of points on the seizure of phones. We have to be incredibly realistic about the threat that the country faces and how these things are organised. We have seen people-smuggling networks and trafficking networks developing in complexity and scale. It does not start in France; it goes all the way through European countries—our allies—and then through countries that are very difficult for us to engage with, including some countries that are at war and some that are hostile states.

The evidence from the National Crime Agency is very clear that the networks are organised by phone, and that that is the primary means by which these criminals orchestrate them. We know that they are evolving, so it is really important that we give officials the power to seize those phones not only to understand where these smuggling networks are coming from, which is the only way to intercede and save people in unsafe vessels, but to disrupt those networks later.

We heard a whole set of arguments earlier about the insufficiency of deterrents in stopping sea crossings. Professor Walsh from the Migration Observatory was really clear that the demand is inelastic. No matter how many deterrents we introduce, there will still be some demand rising to meet them. That is why disruption is so important, which we can only happen if we have the ability to seize those phones. There is a really important distinction between targeting the demand and targeting the supply of the ability to cross the channel.

On the point about whether the powers are applied on a blanket basis, they are not. The Home Office is clear that there will be statutory guidance. The people who seize these phones will be subject to the same rules that are already in place on the handling of material seized from any individual, and they need those powers. The point about family life and private life is absolutely fair, and it applies whenever someone’s phone is stolen, which is a wider debate that we have in society. The truth is, there is no capacity to only seize part of someone’s phone. We cannot seize only some data and not detect, for example, private text messages or family photographs. It is proper that the Home Office officials who seize such data are subject to the rules that we have in this country about protecting the data and returning it when it is decided that it is not required, but we cannot separate out different types of data, and we would be throwing the baby out with the bathwater if we did not allow the powers to seize it.

Border Security, Asylum and Immigration Bill (Fifth sitting)

Jo White Excerpts

Committee stage
Thursday 6th March 2025 Public Bill Committees

[Jo White (Bassetlaw) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Stuart. I want to reinforce the points made by my hon. Friends the Members for Dagenham and Rainham and for Clwyd East regarding amendment 17, tabled by the hon. Member for Stockton West. I firmly believe that the amendment actually serves to dilute the legislation.

The hon. Member does not consider the fact that many people are coerced into boats in the belief that they will be safe, because there will be lifejackets provided. However, many times those lifejackets do not meet EU or British standards, or children’s lifejackets are provided for every person on the boat—or, when people get on the boat, there are not enough lifejackets. The gangs who are using that to coerce people on to the boats should be prosecuted for that simple act.

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

It has been a while since the sitting began, and it is easy to overlook that I have not been up on my feet so far. We have had an interesting debate. The amendments before us range from, at one end, the Opposition, whose amendments seek to criminalise everyone who gets in a small boat and presumably cart them directly to prison, through to the other end of the argument, represented with his usual passion by the hon. Member for Perth and Kinross-shire, who feels that, if someone is an asylum seeker, they should be exempt from being judged at all on the behaviour that happens on the boat.

I will deal with some of those points in turn, but I also want to compliment my colleagues who have made their own comments and some very important points in this debate. It is important, as my hon. Friend the Member for Edinburgh East and Musselburgh said, that we are clear-eyed about what is happening in the channel. We can be romantic about it in many ways, as the hon. Member for Perth and Kinross-shire often appear to be, or we can regard all those who come over as criminals and a threat, but the truth is somewhere in between.

My hon. Friend the Member for Bournemouth East made a moving speech about the realities of what can happen in these circumstances; it is easy to forget, when we are sat in a nice warm Committee Room—although it is not always warm, facing as it does on to the river. Imagine ending up in the water in the channel, Mr Stuart; you can last only so long. You could easily have a heart attack in that cold water and not be resuscitated. Clearly, if you are a child, or vulnerable in any other way, then that is likely to happen—and it will happen to you first.

My hon. Friends the Members for Bassetlaw, for Clwyd East and for Dover and Deal made important points about the realities too. I will come on to what the Government are trying to do with this offence and why it is in the Bill, but I will deal with the amendments first. I hope I will be able to answer some of the questions that have been asked during this important debate—[Interruption.] I also hope that my voice is going to last out.

Amendment 15 focuses on the length of the sentence attached to clause 18 and seeks to increase the sentence from six to 14 years where an irregular entrant arrival has caused or created a risk of serious personal injury or death to others during a sea crossing to the UK. Clause 18 introduces a new criminal offence that is to be inserted into section 24 of the Immigration Act 1971. The current sentence for the offence of arriving in breach of a deportation order under section 24(A1) of the Immigration Act is five years.

Because clause 18 will be inserted into section 24 of the Act, the intention of the clause is to ensure that, given the egregious and serious natures of the acts committed under the new offence, the maximum sentencing is increased, albeit remaining in line with the existing sentencing framework in section 24 of the Act. The issues about the length of sentence are all about keeping sentencing in that section of the Immigration Act coherent. Grabbing extra, lengthier sentences out of the air to insert them into the Act can create inconsistency and mess up the structures of sentencing involved in the Act, making it less coherent than it should be. The sentence of five years was reached after discussions with partners about all the sentences and offences in this particular area, and it rightly reflects that coherence.

An increased sentence of six years is considered to be appropriate for the endangerment offence. It furthers the deterrence aim of the policy, but is not so severe as to deter prosecutors from bringing a prosecution in the first instance. That is another area in which the rhetoric of even longer sentences deters prosecutors from bringing charges at all. We have seen that with the facilitation offences, where the introduction of a life sentence has led to fewer prosecutions being pursued; prosecutors think that for a sentence of that length, more obvious evidence has to be accrued, so they charge fewer people. An increased sentence can sometimes have a perverse effect on the system. We think that the sentence in the Bill is in keeping with the Immigration Act and is about right.

Border Security, Asylum and Immigration Bill (Fourth sitting)

Jo White Excerpts

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Pete Wishart]

It is an absolute pleasure to serve under your chairing this afternoon, Mr Stuart. I welcome you to the Committee.

Clauses 13 to 18 are where we start to get into the serious business of the Bill, and where some of its most concerning and controversial aspects are revealed. Nowhere is that more certain than in clauses 13 and 14.

The Government tell us that their whole intention and focus is exclusively on smashing the gangs, disrupting their business and bringing to justice as many of the people associated with and involved in this vile trade as possible. In everything we do in the Committee and in the House, the community must ensure that the Government are supported in that ambition and intention. That is one thing that unites the whole House, and we wish the Government every success in disrupting the gangs, smashing their business operations and bringing them to justice.

As we look at clauses 13 and 14, the first thing we have to do is assess and judge whether they assist in that process. I think we have to come to the conclusion that they do not, and they could make the situation a lot worse. They will certainly make the conditions of those who seek to come to our shores—some of the most wretched people in the world—much harder and more intolerable.

[Jo White (Bassetlaw) (Lab)]

Does the hon. Member hold the view that an asylum seeker cannot be above the law when it comes to participating in smuggling gangs?

[Pete Wishart]

I do not think anyone would assert, contend or propose that. Everybody is subject to the laws. Clauses 13 and 14 are designed to create new ways to criminalise people. I have listened carefully to the Government’s rhetoric, and I believe the focus and ambit of these new laws is to smash the gangs and disrupt their business, but they will not do that. The only people who will be ensnared, entrapped and put on the wrong side of these laws are asylum seekers. I say candidly to the hon. Lady that we are creating new ways to further criminalise the most wretched people in the world, and that is a grotesque ambition for this Government.

I tried to find out from the senior law officers who gave evidence how many members of gangs would be apprehended and brought to justice as a result of these new clauses. The law officers could not tell me. I do not blame them for that; they probably did not know. I suspect it would be really difficult even to make some sort of guess about how many criminals would be brought to justice as a result.

I also asked what would be the ratio of ordinary asylum seekers to gang members—the ones who secure this vile trade—but the law officers could not tell me. However, I know and suspect, as I am sure they do, that nearly everybody who falls foul of the clauses will be an asylum seeker. I suspect they know—I do, and probably everybody else does—that very few gang members will be brought in front of any of our judiciary as a result of the provisions.

Border Security, Asylum and Immigration Bill (Second sitting)

Jo White Excerpts

Committee stage
Thursday 27th February 2025 Public Bill Committees

[Pete Wishart]

Q That is not what I said. I was just asking for your response to the people who arrive on our shores, and whether you feel empathy, compassion and concern about them.

Alp Mehmet: We do, and even in my day as an immigration officer 50 years ago, that was exactly what we did. Tony rose to run the show, but I would argue that we had far more leeway in the ’70s as very junior, humble individual immigration officers. We were properly trained, we were monitored, we did things entirely within the law and we dealt with people humanely. It does not mean that that will not happen because we are saying, “No, you shouldn’t jump into a dinghy and make your way over here.”

[Jo White (Bassetlaw) (Lab)]

Q From the moment the Rwanda deal was signed until the moment it was scrapped, 84,000 people arrived here on boats. How can you define that as a deterrent?

Alp Mehmet: Tony, you start, and then I will catch up with the question, because I did not quite hear.

Tony Smith: We may well say the same thing. The question was about the fact that the Rwanda plan did not deter anybody because we still had 84,000 people arrive. I think the reason for that was that it was never, in fact, implemented. The intelligence coming across from Calais was that the smugglers and migrants never believed that it was going to happen. Once it became clearer that the Safety of Rwanda Act had passed, and that it might well become a reality, there was intelligence to suggest that some people were thinking twice about getting into dinghies, and there was some displacement into Ireland as a result. Of course, we will never know now, because we never actually implemented it.

We had a change of Government, and the new Government made it very clear that they were going to abolish the Rwanda plan, so we are where we are, but I would have liked an opportunity to see what would happen if we had started at least some removals. We had flights ready to go. I would have liked to see the impact that starting some removals would have had on the incoming population. We will never know now, I am afraid. Clearly, we hardly removed anybody to Rwanda in the end—I accept that—but I would have liked us to at least try, to see if it had an impact.

Alp Mehmet: It was never going to be the solution. It was not going to be the way to stop those people jumping into boats and coming across, but it was going to help. There needed to be other changes. I appreciate that we are not going to resile from the European convention on human rights any time soon, but while it is there, it is very difficult to be certain that people will be dissuaded. Some will be, some would have been, and we know that some were already being deterred. It was a pity, I am afraid, that the Rwanda deal went.

[Katie Lam (Weald of Kent) (Con)]

Q We have heard today about clauses 13(3) and 14(4) exempting NGOs from criminal charges for helping asylum seekers to cross the channel. What do you think of those?

Karl Williams: If we are talking about what deterrence we might need or what pull factors there are, having charities that in some circumstances are facilitating people crossing the channel is clearly an extra pull factor—probably a small one in the grand scheme of things, but it is there. I am thinking about organisations such as Care4Calais, which provide, for example, phone-charging services to migrants who are waiting in the sand dunes and the camps around the beaches where the crossings are made. They can recharge their phones; they are therefore in contact with the smuggling gangs. I think that there is a hole in the system that needs to be closed, and I do not think that this Bill does it.

Tony Smith: There are charities and charities. Some charities are not in any way involved in facilitation; it is a pure “care in the community” exercise or function in Calais. But I think other charities are a little bit more mischievous: they might be helping people with what to say when you are near the border, how to present your asylum claim, and how to get to a beach that might not be patrolled. I would like to see more work done on that.

--- Later in debate ---

[Jo White]

Q Just over a week ago, the Government announced that there will be no automatic right to British citizenship for a person who comes here illegally by boat or lorry. Do you think that will act as a deterrent to people coming here?

Professor Brian Bell: It is probably not a very strong deterrent. To repeat myself, all the evidence is that when asylum claimants think of where to claim asylum they do not have detailed knowledge of the ins and outs of the procedures of different countries. They almost certainly do not know what might happen in five to 10 years, which is the length of residence that they would need to apply for citizenship, so I am not sure it will be a significant deterrent. However, it is important to recognise that citizenship is not a right; it should be viewed as a privilege that people earn. It is reasonable for the Government to take the view that citizenship should not be given to certain people. I do not think there is anything wrong with that—it seems a legitimate observation.

[Katie Lam]

Q Perhaps on a related note, you have talked about incentives and mentioned a couple of reasons why people do not come over from France. What is your sense of why people do? Can those incentives be disrupted?

Professor Brian Bell: You would not want to disrupt some of the incentives. For example, the unemployment rate is 7.8% in France and 4.4% in the UK. The gap is slightly larger for young people than for the population as a whole. I am sure the Government would not want to change that incentive, although the French probably would. If you have a buoyant economy relative to your neighbour, at least in the labour market, that is an incentive. There is an incentive in terms of things that you would not necessarily want to change. The English language is really important as a pull factor, and the fact that there are diasporas already in the country.

There tends to be some evidence that the UK has been somewhat more successful than France at integrating immigrants into society, particularly second-generation immigrants: there is some evidence that whereas employment rates are always very poor for first-generation immigrants relative to natives, that gap narrows quite a bit in the UK when you look at second-generation immigrants. That is less true in France, so people may think the opportunities are better here.

The area where the Government could take action—and they are with the Employment Rights Bill—is that we have lots of employment rights in this country, but do not bother enforcing any of them, because we do not spend money on HMRC minimum wage enforcement teams and the Gangmasters and Labour Abuse Authority does not have enough money to employ people to do all the work it needs to do. If the Fair Work Agency can take over and actually be beefed up, then we can enforce labour standards a bit more and that may discourage people, because one of the attractions of coming to the UK is that our looser enforcement of rules in labour market makes it easier to employ people who are here irregularly.

--- Later in debate ---

[Mr Forster]

Q If I may briefly follow up, I appreciate the Minister for Border Security and Asylum’s thoughts on safe routes. Ukraine has long been held up as a good example: we housed a lot of people safely and one Ukrainian person tried to cross the channel.

To be more specific, I have a follow-up on clause 18. We are creating a new criminal offence of endangering someone on a sea crossing—why is it an unauthorised sea crossing? Why is it not a blanket endangering of someone when crossing the sea? Should that offence not be wider or is it more like an aggravating factor?

Dame Angela Eagle: I will talk about the very detailed aspect of that during our line-by-line scrutiny.

There has been a certain behaviour that has begun to happen, which has been perceived on the crossings in the small boats and which this offence is designed to deal with. That is the various kinds of violent intimidation that goes on, such as putting women and children in the middle of boats that then collapse, so they are crushed and die in that way, or holding children over the edge of boats to prevent rescue.

Sometimes if there has been a fatality on a boat—and we have seen what has happened—we go to pick people up and return them to France. The French authorities also do that. There is then a battle not to be returned and violence is sometimes used to prevent people from accepting the rescue that is offered to them. So there are some very particular things that this endangerment clause and this new offence are seeking to deal with.

[Jo White]

Q Thank you, Ministers, for your evidence. In his evidence, Tony Smith, who retired 12 years ago, was very critical of the role of the Border Security Commander and defined him as a “co-ordinator”. Do you believe that the Border Security Commander’s powers need to be enhanced?

Dame Angela Eagle: Well, the Border Security Commander is very happy with the powers that he has—he has been appointed. Again, we will talk about this in some detail, but it is important that we get co-ordination across different areas of activity. I think you will have heard what the NCA witness said about how he wants somebody else to do the co-ordination while he does the basic work. Everybody is working together very well across the people who have to have regard. The Border Security Commander is bringing together a range of very important players in this area to strategise and co-ordinate, and he has not told me—I meet him regularly—that he needs any more powers.

[Pete Wishart]

Q I know that we do not have much time, but I have two quick points following the compelling evidence we have heard today. It has been a very good session. One of the things that came across powerfully was the view that this Bill will do very little to actually tackle the gangs; we heard consistently throughout the evidence that, “They’ll just adjust their business model; they’ve got a monopoly on the irregular migration trade, so they are obviously going to do what they can to maintain it.”

The other thing is that it will have very little impact on people making the decision to come to the United Kingdom. They are fleeing oppression, poverty and war, and they do not care about the laws of the United Kingdom—what Angela Eagle is doing in a migration Bill is not going to deter them from coming here. So what are we going to do to get on top of this issue? Should we not be thinking, as we go through this Bill process, about fresh, new ideas to tackle it?

Dame Angela Eagle: Well, we have just come out of a period of fresh new ideas and gimmicks—

Border Security, Asylum and Immigration Bill (First sitting)

Jo White Excerpts

Committee stage
Thursday 27th February 2025 Public Bill Committees

[Chris Murray]

It was about the impact on local communities of the dysfunction created by the Illegal Migration Act and the Rwanda Act, and how much you attribute that dysfunction—especially the growing use of hotels for asylum seekers—to those Acts, which we are proposing to repeal.

Mubeen Bhutta: I probably do not have a huge amount more to add to what Enver just said, but it goes back to what was said earlier about the speed of decision making, the time that people are left in accommodation, the suitability of that accommodation, the impact on their wellbeing—certainly in terms of what we three see through our services—and the need for a comprehensive strategy. It comes back to what we said at the beginning about what is in the Bill, and what needs to go alongside it that is not in the Bill, around integration.

[Jo White (Bassetlaw) (Lab)]

Q How might the new offences impact individuals and organisations such as charities or non-governmental organisations that provide support to migrants? For example, if a Vietnamese woman who works in a nail bar comes to one of your services, what mechanisms do you have in place to investigate and report any illegal working?

Mubeen Bhutta: We do not fully know what the impact of that new offence will be, because it is not enforced yet. It is helpful to see that there is provision in the drafting around charities and their role, but it is not certain how that will play out. Our concern is also that new offences could impact the overall aims around the focus on seeking protection. It could influence behaviour or the ways that people offer support if there is concern that they might be caught.

Daniel O'Malley: On the point about the new offences and the deterrent aspect on human traffickers and smuggling gangs, there are aspects of the Illegal Migration Act that have not been repealed that apply to human trafficking. For example, a provision about disqualification from human trafficking protection in section 29 of the IMA has been kept. We would like to see that removed because an individual who has been in a nail bar and might have been human trafficked, as tends to be the case, might not come to any services due to fear of being disqualified from human trafficking protection because they may have engaged in criminal activity. If you have been human trafficked, you are likely to have engaged in criminal activity by virtue of that. That is the problem with the aspects of the Illegal Migration and Nationality and Borders Acts that have been left in.

The Nationality and Borders Act still contains section 60, which raised the threshold for referral to the national referral mechanism. Someone from a legal organisation in Scotland said that before the Nationality and Borders Act—he had been a lawyer for a couple of years by then—he had done one judicial review on the national referral mechanism. Since the Nationality and Borders and Illegal Migration Acts, he has done more than 50 judicial reviews. That keeps in the Act a freezing factor. Gangs and human traffickers can scare people who have been human trafficked by saying, “You might not get this protection because these offences could be applied or your protection could be taken away.” That is the aspect we would like to see removed to make sure that any offences are not disproportionately affecting victims of human trafficking.

[The Chair]

The next question will be the last. Witnesses, if there is anything that you have not yet said but would like to say, please do so.

--- Later in debate ---

[The Chair]

We have only two minutes left, and three questions to go.

[Jo White]

Q I will be quick. Thank you for the work that you do. My biggest concern is those children who come into the UK who we do not even know are coming in, because it is hidden. They are clearly victims of modern slavery or child sexual exploitation. It is important, as you said just now, that we stop the gangs that are bringing them across. How confident are you that the new Border Security Commander with his anti-terrorism powers will be able to track those gangs down and smash them?

Dame Rachel de Souza: That is the first question I asked the National Crime Agency when I came into the role. I asked, “Could you find every child in this country?” I was told that, “With enough resource, we could pretty much do it, apart from some of the Vietnamese children who are trafficked into cannabis factories and things like that.” With resource, and with this new Border Security Command, we will get a lot nearer, and we need to do that.

[Tom Hayes]

Q Thank you for all of your work. In April 2023, you wrote to the then Home Secretary requesting information about children accommodated in hotels. Seven months later, when you received the information, you then said that it was seven months past your deadline and that the quality of the information itself was deeply troubling. Can you comment on how difficult or easy it was for you to discharge your statutory duties as Children’s Commissioner when working with the last Government to safeguard children?

Dame Rachel de Souza: The Home Office was the only Department that failed to answer my data request in time and that gave me imperfect data, but I did not stop and I kept going. I have to say: it is much better now. I was able to speak to and did have access to Ministers, and I was always able to make my case. I did not get that information in a timely manner, but I did get that information in the end. I am worried about what has happened to those children.

The data we were after was safeguarding data that showed all the concerns, and the reason I asked for it was because I knew that the safeguarding in the hotels was not as it should be. We got the data on children who had been victims of attempted organ harvesting, rape and various other things, as well as the number of children who were missing. We still do not know where many of those children are, and that is not good enough. The whole tone has changed, and I hope that the Government will still want to stop the small boats, while also being much more pro-children.

Border Security, Asylum and Immigration Bill

Jo White Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Jo White (Bassetlaw) (Lab)]

Some of us have run a real business. I had to drive trucks across the channel, and I still remember the Calais-to-Dover border crossings, with dogs sent in to sniff out human trafficking and groups of men at every service station on the road to Calais. My fear that my lorry might be hijacked by someone attempting to enter our country illegally very much reflected the confusion and anger expressed by my constituents in Bassetlaw. That is why they sent me to Parliament to be their loud voice, to monitor and to push for tough action to boost border security and to sort this problem out.

We now have a Border Security Commander in Martin Hewitt, who was appointed in the first days following the general election. His job is to bring back control of our borders, smash the gangs and stop the flow of illegal migrants. Under the previous Government, £700 million of taxpayers’ money was wasted on the failed Rwanda scheme, 84,000 crossed the channel in rubber dinghies, asylum decision making collapsed, and the cost of asylum hotels stacked up to £6 million a week.

With this Government, we are getting results: the highest number of returns since 2018, with close to 19,000 individuals having been flown out of our country; nearly 3,000 foreign criminals removed; deals around the world, including with Iraq, to break up those at the centre of the organised smuggling gangs; proper dialogue with our G7 partners as we start to work in step on this issue; agreement with the German authorities to arrest and imprison anyone caught facilitating the trafficking of illegal migrants; and, just last month, 828 raids on businesses, including the nail bars and car washes where people are brought to work in slave labour conditions. But we need power to take more action, and the Bill will enshrine the Border Security Command in law, enabling the co-ordination of law enforcement agencies with the sole focus of taking back control of our borders.

We must make the English channel a no-go area for the criminal gangs by effectively targeting them; disrupting their activities through the seizure of electronic devices, including mobile phones; restricting their activities by maximising the impact of serious crime prevention orders and giving law enforcement the power to monitor and intervene; and arresting and jailing them, with new offences that will mean that those selling or handling small boat parts for use in the channel face up to 14 years in prison. The Bill will make it a criminal offence to endanger life. My thoughts today are with those children too young to make a choice who were lost by drowning.

There can be no hiding places. Where lorry drivers are bringing people in, there will be a new 14-year jail term for vehicle concealment. My message to the Government is: 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.

Extremism Review

Jo White Excerpts

Tuesday 28th January 2025 Commons Chamber

[Dan Jarvis]

I am answering the question. I hope that the right hon. Gentleman shares the admiration and respect that we on these Benches have for the incredibly difficult and challenging work that the police do. I have to say that those who seek to progress a narrative of two-tier policing do no favours to our police forces. All they seek to do is make it more difficult for those extraordinary men and women who step forward to serve in our police force to do a very important job.

[Jo White (Bassetlaw) (Lab)]

In all the commentary overnight on this leaked advice, I was struck by one comment from the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), that was reported on GB News. He said:

“Of course violence against women and girls and some of the other issues raised in this report… warrant attention by the police”

—“warrant attention”? Is it any wonder that sexual violence was allowed to become endemic under the previous Government and that the best a previous Home Office Minister could say is that it warrants attention?

[Dan Jarvis]

The shadow Justice Secretary was a Home Office Minister for a considerable period of time. It might be worthwhile if he reflects on the record of his Government while he was a Minister.

Child Sexual Exploitation and Abuse

Jo White Excerpts

Thursday 16th January 2025 Commons Chamber

[Yvette Cooper]

As the right hon. Gentleman knows, the importance of any independent inquiry is the independence of the decisions made by the chair about how it should be pursued. The inquiry led by Baroness Jay into child sexual abuse took seven years—that was a decision made independently by Baroness Jay and the panel. They took evidence from 7,000 victims right across the country. They pursued detailed investigations in different areas, including into churches, religious organisations, residential homes and schools. The inquiry into child sexual exploitation and grooming gangs on our streets took two years.

First, we want a rapid audit that fills the gaps that were left by the independent inquiry, such as on the scale and characteristics of child sexual exploitation across the country. That work will rightly be done by Baroness Casey. Secondly, we want more police investigations under way, including the victims’ right to review. Thirdly, we want Tom Crowther to be able to work with other areas where there are local failings and problems, to pursue successful local inquiries such as Telford, to get to the heart of local failures and make sure that there is accountability.

[Jo White (Bassetlaw) (Lab)]

I remain shocked that only two MPs stepped up and attended and participated in the Alexis Jay five-year inquiry into child sex abuse—my hon. Friend the Member for Rotherham (Sarah Champion) and Lord Mann, when he was the Bassetlaw MP. As its new MP, it is my duty and responsibility to carry on that fight for justice.

Where grooming gangs have been operating, whether they are white, Pakistani-origin or church gangs, or taking place behind the closed doors of private homes, the bright light of an inquiry will expose who they are, where the cover-ups are and who is responsible. Every single perpetrator should be hunted down and jailed. I have no time for the grandstanders or the people who turn a blind eye. This is the biggest challenge of our Parliament. I find it stunning that the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), is not in his place for this critical statement.

Inquiries in areas where the gangs operate will give sick and evil perpetrators no place to hide. National oversight for Government is essential, ensuring swift legal action and the mapping of gangs, their links and their co-ordination—when and where they are ferrying girls across county lines. Does the Home Secretary agree that we need to end this tyranny of child abuse and put words into action?

[Yvette Cooper]

I agree. These terrible crimes have been ignored for too long. There are currently 127 major police operations under way on child sexual exploitation and gang grooming, across 29 different police forces. The independent inquiry identified that child sexual exploitation happens across all police force areas and all communities. All areas should ensure that they have the proper systems in place to follow up on what is happening to missing children, such as the vulnerable kids who stay out overnight, or those who go missing from residential care homes. Too often, that is still not happening and too often, we still get reports, even though those are basic things that all police forces and local authorities should be doing.

That is why we have strengthened the powers for victims to get a review, and that is why we are requiring police forces to look back at historical cases, because we know that cases are not being reported and not being investigated. That is where the fastest action needs to be, to go after the perpetrators who are still on our streets and still getting away with it. They will continue to do so unless police forces and local councils work together to put perpetrators behind bars.

Child Sexual Exploitation and Abuse

Jo White Excerpts

Monday 6th January 2025 Commons Chamber

[Yvette Cooper]

I welcome the hon. Member’s really important point about the response having to be colour-blind and class-blind. It has to see these things for what they are: really terrible crimes, often against the most vulnerable young people, as he says. Young people were dismissed because they were vulnerable due to the difficult experiences that they might have had. Young girls were often not taken seriously, and myths operated in the way that services responded. A lot of work has been done to challenge those myths, but the reality is that unless we have a proper, strong performance management framework in place, and strong requirements on local organisations and agencies to respond and to take this issue seriously enough, the risk is that it just becomes lost in a corner, as opposed to being treated as the very serious crime that it is. That is why we want to embed this as part of a proper performance framework for policing, and to work with local councils too.

[Jo White (Bassetlaw) (Lab)]

Professor Jay heard from my constituent Terry Lodge, who was fostered and lived a life of slavery, with no education and no childhood. He has suffered the consequences throughout his life. Nottinghamshire county council accepted all liability for its failings. To its shame, the council is still to make an offer of compensation. Does the Home Secretary agree that although Jay’s recommendations must be implemented in full, Nottinghamshire county council must also step up and do the right thing?

[Yvette Cooper]

My hon. Friend makes a really important point about the responsibility of local councils to recognise the things that have gone wrong in the past, to recognise the responsibilities that they owe to local victims and survivors, and to provide the support that those victims and survivors need. I know that my hon. Friend the Safeguarding Minister will keep in touch with her about progress, but it is really important that all councils make sure that they recognise their responsibilities.