Border Security, Asylum and Immigration Bill

Pete Wishart Excerpts

Consideration of Lords amendments
Wednesday 19th November 2025 Commons Chamber

[Alex Norris]

The Border Security, Asylum and Immigration Bill has returned to this House in good order. A number of amendments were made in the other place, with all but one made by the Government. Throughout the passage of the Bill to date, the strength of feeling about the importance of a properly functioning immigration system that is controlled and managed so that it is fair and works for the people of this country has been evident. Proper enforcement and respect for the rules is crucial to that.

As we discussed in this House on Monday, the Government’s new asylum policy statement sets out significant reforms to the UK’s asylum and illegal migration system to restore order, control, fairness and public confidence in the system. That statement builds on the measures in the Bill, our consideration of which returns our focus to the core objectives of the Bill.

This Bill will strengthen UK border security. It is part of a serious, credible plan to protect our borders that sees the Government working closely with our international partners upstream and in our near neighbourhood. It is a plan that sees this Government bringing to bear the powers and impact of the system as a whole, under the leadership of the Border Security Command, against those who seek to undermine the UK’s border security. It is a plan that delivers for our law enforcement partners by creating the new powers that they need to intervene faster and earlier against more of those involved in serious and organised immigration crime activity, providing for better data-sharing and creating stronger intelligence to inform enforcement activity. It is a plan that disrupts the sales pitch spun by the gangs by preventing illegal working in sectors that are not currently required to confirm whether a person’s immigration status disqualifies them from working.

Turning to the Lords amendments, I will start with the non-Government amendment passed by the other place. Lords amendment 37, tabled by the Opposition, is in our view unnecessary. It would mandate the Home Secretary to collate and publish statistics on the number of overseas students who have had their student visa revoked as a result of the commission of criminal offences, the number of overseas students who have been deported following the revocation of their student visa and the number of overseas students detained pending deportation following the revocation of their student visa.

It is first worth emphasising that the Government strongly value the vital economic and academic contribution that international students make in the UK. They enrich our communities, including my own in the city of Nottingham. The immigration rules provide for the cancellation of entry clearance and permission to enter or stay where a person has been convicted of a criminal offence in the UK or overseas. Where a student’s permission is cancelled, as a person without leave to enter or remain they are liable to administrative removal from the UK. Foreign nationals who commit a crime should be in no doubt that the law will be enforced and that, where appropriate, we will pursue their deportation.

On the specifics of the amendment on publishing data on these topics, the Home Office already publishes data on a vast amount of migration statistics, including information on visas, returns and detention. The official statistics published by the Home Office are kept under review in line with the code of practice for statistics, taking into account a number of factors including user needs and the resources required to compile those numbers, as well as the quality and availability of data. This ensures that we balance the production of high-quality statistics against the need for new ones to support public understanding on migration.

I want to be clear, however, that we recognise that there has been heightened interest from parliamentarians, the media and members of the public in learning more about the number and type of criminal offences committed by foreign nationals in the UK and about what happens to foreign national offenders—FNOs—after they have been convicted, and after they have completed their sentences. The Home Office is looking closely at what more can be done both to improve the processes for collating and verifying relevant data on the topic of FNOs and their offences, and to establish a more regular means of placing that data into the public domain alongside the other Home Office statistics that I have talked about. When this work progresses, the Home Office proposes to publish more detailed statistical reporting on FNOs subject to deportation and those returned to countries outside the UK. I hope that, on that basis, right hon. and hon. Members will support the Government motion relating to Lords amendment 37.

The Lords amendments introduced by the Government further strengthen and expand the powers and offences that target organised immigration crime groups. The most significant is Lords amendment 7, which introduces a new offence that criminalises the creation or publication of material relating to unlawful immigration services online, on internet services including social media, and on messaging platforms. Such material will be considered criminal when a person knows or suspects that the material will be published on an internet service and it has the purpose, or will have the effect, of promoting unlawful immigration services. I hope that the policy objective is clear to Members: it is crucial in order to tackle the facilitation of organised crime online, and to ensure that law enforcement has the appropriate tools to break down organised crime groups’ exploitation of the online environment, including social media.

Lords amendments 8, 9, 12, 13, 14 and 15 work alongside this new offence, providing intermediary liability protections for internet service providers, meaning that they will not be impacted by this offence and the actions of those being targeted in this offence—namely, individuals who are promoting unlawful immigration services online. The offence will have extraterritorial effect and therefore may be applied to online material created or published anywhere in the world and by a person or body of any nationality.

I turn now to the amendments to the core immigration crime offences set out in clauses 13 and 14, which concern the supply and handling of articles used in immigration crime. Lords amendments 1, 2, 3, 4, 10 and 11 enable us to disrupt the actions of not only those who commit offences directly, but those who facilitate them through the provision of tools, materials or services. That sends a clear and unequivocal message: those who enable immigration crime, whether through direct action or indirect facilitation, will face consequences.

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

When the Bill was introduced, I thought that it was the ultimate horror and an attempt to outdo Reform, but it was a mere aperitif compared with the main course of the horrors of this week. On these specific measures, does the Minister recognise the possible impact on support agencies and services that assist refugees and asylum seekers? Did he not listen to the many representations from those groups about the difficulties that the measures will cause them?

[Alex Norris]

I am surprised that the hon. Gentleman is horrified by our attempts to crack down on organised immigration crime, which is the ultimate industry in profiting from misery and desperation, and which leads to vulnerable people losing their lives and has such impact on public confidence domestically. If he waits a little longer, I hope I can give him a degree of succour on the point he makes.

The amendments seek to criminalise those who are concerned in the supply of relevant articles for use in immigration crime and will bring into scope possession with intent to supply, or the making of an offer to supply, such an article. The amendments will also bring into scope those who are concerned in the handling of a relevant article for use in immigration crime.

Lords amendments 16 to 32 strengthen the powers of search and seizure in relation to electronic devices. Lords amendment 16 seeks to expand the definition of “authorised officer” to include officers of the police services of Scotland, the Police Service of Northern Ireland and the National Crime Agency. Lords amendments 17 to 32 ensure that those officers have the relevant safeguards, protections and legal clarity when utilising the powers, and make the required consequential changes.

Lords amendments 5, 6 38, 39 and 40 were tabled in response to the Joint Committee on Human Rights report on the Bill and debate in the other place, and ensure that proportionate, robust and appropriate safeguards are in place. Lords amendments 5 and 6 introduce additional safeguards to the offences set out in clause 13, and exempt from these offences any item or substance designed for personal cleanliness or hygiene. This includes items such as soap, toothpaste, sanitary products and other essentials that individuals may carry for personal dignity and wellbeing. I hope that gives the hon. Member for Perth and Kinross-shire (Pete Wishart) a degree of comfort. Limitations to this exemption are set out where certain items present a heightened risk of being repurposed as weapons or used in ways that endanger others. That strikes the appropriate balance on this important point.

Clause 43 enables stronger conditions to be placed on those who pose a threat pending their removal. Lords amendments 38, 39 and 40 do not alter the original intention of the clause, but ensure that the Bill sets out the limited circumstances in which an individual could have conditions such as electronic monitoring or curfews placed on their leave to enter or remain. This includes cases where the Secretary of State considers that the person poses a threat to national security or public safety, or where they have been convicted of a serious crime or a sexual offence.

The Government made a number of small amendments in the other place that seek to clarify the provisions to which they relate. Lords amendments 33, 34 and 35 are minor and technical changes to remove references to data protection legislation that are redundant following the enactment of section 106 of the Data (Use and Access) Act 2025.

Lords amendment 36 amends the consultation requirements to require the Secretary of State to consult the Department of Justice in Northern Ireland and the relevant Scottish Ministers prior to making regulations that determine the purpose for which trailer registration information may be shared with the police. The amendment does not affect the Secretary of State’s discretion to consult representatives of police bodies.

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[Mr Will Forster (Woking) (LD)]

The Liberal Democrats and I want to stop dangerous small boat crossings. We want to stop the smuggling gangs and bring them to justice. The former Conservative Government failed to do either. My constituents in Woking and people across the country need this Government to deliver a compassionate, effective and fair immigration and asylum system. If this Government thought that this Bill and the amendments were enough to do that, the Home Secretary would not have come to the House on Monday to announce another raft of immigration measures.

[Pete Wishart]

Like me and several other hon. Members present, the hon. Gentleman spent hours in Committee considering these measures, only for the Home Secretary to come along this week and trump them with even harsher measures. Does he agree that it almost feels like we are all wasting our time considering measures that will be superseded by the measures announced by the Home Secretary?

[Mr Forster]

The hon. Gentleman and I, and others, worked really hard in Committee, proposing humanitarian visa amendments, and trying to lift the ban on asylum seekers working—both measures that would have made things better for taxpayers and for vulnerable refugees. Sadly, we were not listened to, but I hope that we will be listened to if we have the pleasure, or the unfortunate duty, of serving on the Bill Committee for the next Bill.