Illegal Migration Bill

Lord Stewart of Dirleton Excerpts

Committee stage
Wednesday 14th June 2023 Lords Chamber

[The Advocate-General for Scotland (Lord Stewart of Dirleton) (Con)]

My Lords, I see that the right reverend Prelate is absent from this place and not here to witness this outbreak of ecumenical harmony between two components of the opposition Benches.

I shall deal, if I may, with the points the two noble Lords have made as they emerge. I commence what I have to say on this group by assuring the Committee that the Government remain focused on doing everything they can to save lives, deter illegal migration and disrupt the people-smuggling gangs responsible for dangerous channel crossings.

Amendments 136 and 139FB, tabled by the noble Baroness, Lady Hamwee, and the noble Lord, Lord Coaker, focus on tackling people smuggling. Amendment 136 calls for a report on the actions being taken to tackle people smuggling, while Amendment 139FB seeks to confer on the National Crime Agency a specific function in respect of tackling organised immigration crime. A variety of noble Lords have spoken to those points and, again, I shall refer to them in more detail as they arise.

The Committee will be aware that organised immigration crime, like other forms of serious and organised crime, endangers lives, has a corrosive effect on society, puts pressure on border security resources and diverts money from our economy. Organised crime groups continue to facilitate most illegal migrant journeys to the United Kingdom. The threat we are facing from organised immigration crime spans multiple countries, multiple nationalities and multiple criminal methodologies. Organised immigration crime is exceptionally complex, and the Government are working to tackle organised crime gangs that facilitate illegal travel from source countries to Europe and the United Kingdom. Addressing the threat from organised immigration crime and disrupting the organised crime gangs responsible is a priority for this Government.

I shall address the points raised by the noble Lord, Lord Coaker, the noble Baronesses, Lady Meacher and Lady Hamwee, and—from the Liberal Democrat Front Bench—the noble Lord, Lord Paddick, seeking information about the steps the Government are taking to tackle what the noble Lord calls the “real criminals”. The noble Lord is entirely justified in using that phrase. I will also address some of the points raised on an earlier group with my noble friend Lord Sharpe of Epsom. I can tell the Committee that we have a dedicated multiagency organised immigration crime task force in place which is committed to dismantling international organised immigration crime groups, including the criminal networks that facilitate people smuggling from source countries to Europe and then the UK, knowingly putting people in life-threatening situations. This task force is currently active in 17 countries worldwide and works with partners to build intelligence-sharing as well as investigative and prosecution capability.

I have an example for the Committee. In a single operation last summer, the National Crime Agency worked with French, Belgian, German and Dutch partners to target an organised crime gang suspected of smuggling up to 10,000 people across the channel over a period of 12 to 18 months. In total, the operation saw around 40 people being arrested, and 135 boats, 45 engines and more than 1,200 life jackets being seized.

The noble Lord, Lord Coaker, from the Labour Front Bench, sought information from me about convictions for people smuggling. The information with which I am provided is that, between 28 June 2022 —that being the date of commencement of the Nationality and Borders Act—and 31 March 2023, immigration enforcement arrested in excess of 385 people for offences under the Act, resulting in 166 convictions and the imposition of sentences amounting to over 110 years’ imprisonment. Quite properly, the noble Lord, Lord Coaker, sought a comparator for the figure. I do not think I can give him a precise one, but I can give him additional data. I look forward to corresponding with the noble Lord to clear up anything that this has not furnished. Since 2015, there have been 1,400 arrests, giving rise to sentences being applied totalling 1,300 years’ imprisonment.

Following the pledge made by my right honourable friend the Prime Minister, on 13 December last year, to stop the dangerous small boat crossings, we have doubled funding for this task force for the next two financial years. The increased funding will aim to double the number of disruptions and enforcement activities against organised immigration crime and the criminal gangs that facilitate it.

But the Government must, at all times, be conscious of the need to remove the demand that keeps people smugglers in business. That is the core purpose of the Bill. We will break the business model of the people smugglers and deter those seeking illegally to enter the UK only by putting in place a system through which it is clear to all that anyone arriving illegally in this country will not be able to settle and build a new life here, and that they will instead be returned to their home country or removed to a safe third country such as Rwanda. The Government are conscious that the refoulement of persons to a country where they are in danger is unacceptable in terms of our international obligations.

Amendment 139F was briefly introduced by the noble Baroness, Lady Hamwee, in the absence of the noble Baroness, Lady Kennedy of The Shaws. It would require the Secretary of State to refer a person who meets the four conditions in Clause 2, and is suspected of crimes against humanity, genocide or war crimes, to the relevant international authorities. The amendment is unnecessary, as protecting the British public is the Government’s first priority—the priority of any Government—and, in any scenario where a person is suspected of war crimes or crimes against humanity, the Government will work with international authorities as necessary.

--- Later in debate ---

[Baroness Ludford (LD)]

Could the Minister confirm whether he agrees with the analysis of the Northern Ireland Human Rights Commission, from which I cited extracts, on the various EU asylum directives that would continue to apply in Northern Ireland? I am afraid I have not checked what the noble Lord, Lord Murray, said in response to the noble Lord, Lord Morrow, the other day, but the trafficking directive and the victims directive also apply in Northern Ireland. What are the Government doing to make sure that all those directives are going to be respected in practice in Northern Ireland?

[Lord Stewart of Dirleton (Con)]

The noble Lord, Lord Hannay, from the Cross Benches, submitted my use of the verb “require” to a degree of philological scrutiny, which I had not taken into account when preparing my answer. I take the noble Lord’s point in relation to empowerment as opposed to obligation.

I regret to say that, in relation to the complex interrelating commitments to which the noble Baroness sought my views from the Dispatch Box, I will have to undertake to correspond with the noble Baroness and the noble Lord.

I sum up what has been a short debate by thanking noble Lords for their informed scrutiny of what has been said, not only by me but by others participating in earlier parts of the debate. From the perspective of this Committee, at this stage, the issues have been given a good airing. Noble Lords have referred to the inevitability that we will consider the matter at a later stage but, at present, I invite the noble Baroness to withdraw her amendment.

[Baroness Hamwee (LD)]

My Lords, the debate was not that short, but perhaps it was shorter than those on some of the other groups.

I will just comment on the Minister’s response regarding people smuggling. I find it quite depressing that reliance is placed on deterring demand rather than on deterring criminals. I wonder whether the strategy might include, if it does not now, a communications component. We are told of successful prosecutions, but I am not sure that I ever really read about those in the press; perhaps I read the wrong media—I do not know.

Though I have heard what the Minister had to say, to me it is the criminality—the smuggling—that is at the heart of the problem. I am sure that we will come back to it as an issue in some form at the next stage. For now, I beg leave to withdraw the amendment.