Katie Lam MP: speeches

Speeches

• 10 Mar 2025 · Legal and Illegal Migration: Suspension · Hansard source

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  It is important to say, as my right hon. Friend’s intervention reflects, that we absolutely can have a multi-ethnic society, but that it is fundamental that we are one country and one people with one perspective. The kind of immigration system that I have discussed is one that the British people have voted for time and again: limited, selective and tailored to our needs. Unfortunately, I have seen no indication that the Government are willing to implement such a system. Will the Minister confirm that the Government are not planning to extend the qualifying period for ILR? Can he outline what discussions he and others in his Department are having with ministerial colleagues about the impact that new ILR grants will have on public services? Have the Government made any estimation of the number of people who will receive ILR over this Parliament? Finally, will the Minister outline in detail, and most importantly with a specific timeframe, the substantive plans the Government have to address the volumes and impact of immigration, both legal and illegal?

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Fifth sitting) · Hansard source

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  I wonder whether the hon. Gentleman would like to share with the Committee whether under the Dublin agreement we were net recipients of migrants or removed more than we received?

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Fifth sitting) · Hansard source

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  Will the hon. Gentleman give way?

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  That is very helpful, but I just want to check that I fully understand what the Minister is saying. The power already exists, but it is about locational flexibility—is that right?

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  rose —

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  Clause 30 provides a power for the Secretary of State for Transport to supply trailer registration information to the Secretary of State for the Home Department for immigration purposes, law enforcement purposes, human welfare purposes, purposes connected with functions under the Proceeds of Crime Act 2002, protecting national security, and responding to an emergency. The information can also be shared with the National Crime Agency and HMRC. We support the powers in the clause. As with the previous group of clauses, this is about being able to bring together the information held by different arms of the state to defend the border, and we wholeheartedly agree with that. I must confess that this is going to be a fairly friendly section of the afternoon, for which I can only apologise to all involved. Clause 31 provides powers for the onward sharing of information in clause 30. It is important that that information can be shared with those exercising public functions, including those outside the United Kingdom. We also support the new powers in the clause. Question put and agreed to . Clause 30 accordingly ordered to stand part of the Bill. Clause 31 ordered to stand part of the Bill. Clause 32 Sections 27 to 31: general provision about disclosure Question proposed , That the clause stand part of the Bill.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  We welcome the powers in these clauses to share HMRC data. Border Force is responsible for clearing both people and goods at the UK border. There is international precedent for moving towards joint targeting centres for people and goods. From a law enforcement perspective and from ours, the more customs information that can be shared with UK and other Government agencies, the better. HMRC has a range of customs functions, including the collection and management of customs duty, monitoring and controlling the movement of goods, and control of cash entering or leaving the UK. HMRC is bound by a statutory framework of confidentiality and needs a lawful basis to disclose information. Clause 27 will allow HMRC to share customs information in support of defending the security of the UK borders. The clause allows UK Ministers, Government Departments and the police to reuse customs information for any of their functions, as the Minister laid out. The clause also allows data to be shared with international organisations that have functions relating to the movement of goods or cash across international borders, or if an international arrangement makes provision for co-operation between that organisation and HRMC. We welcome the powers in clause 27. I would like to ask the Minister how often she expects these data-sharing powers to be used for law enforcement and her assessment of what practical effects the powers will have on making it easier to disrupt organised crime networks. Clause 28, which we support, specifies the circumstances in which UK Government Departments, Ministers and the police can further share customs data. We also support clause 29 on the safeguards included in this clause. We have tabled new clause 23 to disapply data protection laws from data on those who have entered the UK illegally or are foreign national offenders. The purpose of the new clause is exactly the same as the purpose of clauses 27 to 29, which is to minimise barriers to data sharing between agencies for immigration and law enforcement purposes. We table it in the spirit of the support I have already mentioned for the Government’s aims regarding data access. If someone has entered the UK illegally or is a foreign national offender, law enforcement for their removal is vital and GDPR legislation should not stand in the way of being able to gather and establish any necessary evidence for use in immigration appeals or law enforcement. We wish to remove the barriers to data sharing in these cases, and we know the Government want that too. We hope that they will find the suggested new clause useful.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  Clause 34 provides a power for an authorised person to take biometric information when the Government are in the process of facilitating their exit from a state or territory. The purpose of the power is to ensure that only those who qualify under particular evacuation schemes are able to come to the UK. The power to take biometric information should help to verify identity and conduct screening checks, as individuals in these circumstances are often undocumented. We fully support the provision. We would be interested to hear more about whether the Government intend to take further action on biometrics, which could be brought about through the Bill. Countries such as Dubai and Singapore are investing in biometric entry and exit systems, as is the EU. The UK does not routinely capture biometrics at the border, although with the new UK electronic travel authorisation, we will collect digital photographs of all non-visa nationals, with the option of retaining fingerprint scans. We are aware that there are logistical and financial challenges to enabling Border Force to collect biometrics routinely from all passengers on arrival and departure, but there are also substantial benefits, including helping to match illegal migrants and asylum seekers leaving the country, thereby giving a clearer picture of those who are overstaying through more accurate migration figures. We would be interested in hearing how the Government are thinking about biometrics more broadly in the context of their not extending the power to capture biometrics more widely in the Bill.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  Clause 32 makes general provision about the powers of disclosure in clauses 30 and 31. Subsection (2), as the Minister laid out, clarifies that nothing in clauses 27 to 31 authorises disclosure where it would otherwise contravene data protection or investigatory powers legislation. How much difficulty does the Minister envisage these provisions causing for the sharing of information? I seek reassurance—she has offered some already—that the safeguard will not frustrate legitimate data-sharing activities. Clause 33 defines key terms included in clauses 27 to 31, and we have no problems with it.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  Clause 36, as the Minister has laid out, extends biometrics powers to ports in Scotland. As we understand it, immigration enforcement already has the power to take biometrics from people arrested in the UK, including at ports, if they are suspected of having entered or remained in the UK illegally. How does the Minister think that the clause will add to existing operational powers?

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  I take the Minister’s points about practicality, but in situations where new clause 23 created additional complexity, the Home Office would retain the option to adhere to the GDPR if it wished to; it would just not be forced to do so. We really think that the provision would be a useful addition and we hope the Government will consider it further. However, we do not intend to press it. Question put and agreed to . Clause 27 accordingly ordered to stand part of the Bill . Clauses 28 and 29 ordered to stand part of the Bill . Clause 30 Supply of trailer registration information Question proposed, That the clause stand part of the Bill.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  I thank the Minister for that response, which is reassuring, but it does not quite address the concern. These issues are very difficult, and I presume the Minister accepts that it is possible that it might be better, either in due course or in relatively short order, for the commander to be operationally independent. If that is the Home Secretary’s judgment as time goes on, the Government will have to come back to Parliament to change the law. Would it not be better for them to give themselves the flexibility?

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  I am a little confused by some of the contributions from Labour Members. They seem to be advocating for the commander to be a civil servant, and that is fine, but that is not actually what we are discussing. The question here is whether there could be any benefit in having some flexibility for the Home Secretary to do something different, and we do not feel that that point has been answered.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  Presumably, it would always remain an objective to bring an end to illegal migration, as far as is practical?

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  The Minister perhaps slightly mischaracterises new clause 21. It states that the Border Security Commander should “have regard to”, not manage, the wider aims of the Home Office in securing the border. Why would the Minister not want the Border Security Commander to have regard to that?

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  Nothing whatever. There are lots of parts of the Home Office where the principle is accepted, that sometimes, particularly for difficult things and things that the Department has struggled to achieve, independence can be valuable. It sounds like the Minister is saying that she does not feel that that is the case. We must accept that, but we do not have to agree with it.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  The new clause clearly does not do that. The two points that the Minister just mentioned are part of a broader sentence that states that the Border Security Commander “must have regard to the objectives” in subsection (1). The new clause does not state that the Border Security Commander should do those things themselves.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  We on the Opposition Benches struggle to understand why the law must set out that the Border Security Commander must be a civil servant. The Minister said that amendment 10 implies the commander should not be a civil servant, but all it seeks to do is remove the requirement that they should be. If the Home Secretary and, presumably, the Home Office permanent secretary believe that the role is best filled by a civil servant, perhaps for the reasons of co-ordination that the Minister set out, so be it—they can still be appointed as a civil servant—but the legislation will mandate that they have to be, and we struggle to understand why that requirement is necessary.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Fourth sitting) · Hansard source

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  Weald of Kent.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Fourth sitting) · Hansard source

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  As hon. Members will have read, clause 13 creates a new offence of “Supplying articles for use in immigration crime”. The offence has two limbs. First, that the person supplies or offers to supply those articles to another person, and secondly that, when they do so, they know or suspect that the item will be used in connection with any offence under sections 24 or 25 of the Immigration Act 1971—illegal entry and assisting unlawful immigration, respectively. I have a question for the Minister on the reasonable excuse elements of the clause. It is a defence for a person charged with this offence to show that they had a reasonable excuse. Subsection (3) defines a reasonable excuse as explicitly including that, “(a) their action was for the purposes of carrying out a rescue of a person from danger or serious harm”, which seems reasonable, or, “(b) they were acting on behalf of an organisation which— (i) aims to assist asylum-seekers, and (ii) does not charge for its services.” That second defence seems to the Opposition to create a large loophole in the law. Does the Minister accept that these defences will have the effect of exempting non-governmental organisations from criminal charges for helping asylum seekers to cross the channel? Why would the Government seek to do that? The defence categorises organisations that aim to assist asylum seekers into those that do not charge for their services and those that do. Surely this criminal offence is a criminal offence regardless of who is responsible; why would it be any less criminal if someone does it voluntarily? Why is making money from something the determinant of whether it is a crime? As we heard in evidence, charities can be “mischievous”—I think that was the word used—in their activities and in how close they come to facilitating illegal crossings to the UK. Does the Minister accept that the activities of some charities can veer close to the line of facilitating illegal entry? If so, what do the Government intend to do about it? The threshold for the defence is low. The accused simply needs to provide sufficient evidence to raise an issue, and the contrary must not be proved beyond reasonable doubt. Might that be why the Home Office impact assessment considers that between four and six prison places—I believe the central estimate is five—will be required per year once this steady state is reached? The Home Office has lauded the new powers and offences in the Bill as being key to smashing the criminal smuggling gangs, but it does not appear to consider that many people will be convicted under the new offences. How can both those things be the case? Clause 14 creates the new criminal offence of handling articles for use in immigration crime. The person has to receive or arrange to receive a relevant article, remove or dispose of an article for the benefit of another person, or assist another person to remove or dispose of a relevant article. Again, the clause provides the same defence to the offence as clause 13 does—namely, that the action of the accused was “for the purposes of carrying out a rescue of a person from danger or serious harm”, or that they were acting “on behalf of an organisation which— (i) aims to assist asylum-seekers, and (ii) does not charge for its services.” I therefore have the same questions for the Minister about this defence as I did for the defence in clause 13. Clause 15 provides a definition of “relevant article” for the purposes of the new offences in clauses 13 and 14. There are exemptions for food and drink, medicines, clothing, bedding, tents or other temporary shelters, and anything to preserve the life of a person in distress at sea or to enable such a person to signal for help. Will the Minister set out the kinds of articles that she therefore expects to be captured by the offences in clauses 13 and 14? It would be useful to know what items the Home Office, Border Force and the police specifically wish to disrupt. There is also a power in clause 15 for the Secretary of State to amend the list of relevant articles. Will the Minister explain what purpose that power serves? The list of what counts as a relevant article is almost limitless, so does she envisage that the power will be used primarily to create exemptions? The hon. Member for Perth and Kinross-shire has tabled amendment 3 to specify that if a person is an asylum seeker, they cannot commit the offence in clause 13: supplying articles for use in immigration crime. It would be good to understand why the Scottish National party does not think it is possible for asylum seekers to commit that offence. How are law enforcement officers supposed to know that a person is genuinely an asylum seeker—and even if they are, what happens if their application is subsequently rejected? The hon. Gentleman also tabled an amendment to require the commander to include in their annual report information about how they have paid due regard to the Human Rights Act 1998 and the European convention on action against trafficking. My views are the same as those set out by my hon. Friend the Member for Stockton West on amendment 1.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Fourth sitting) · Hansard source

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  Clause 17 sets out that the offences of supplying articles for use in immigration crime, handling articles for use in immigration crime and collecting information for use in immigration—so the clauses that we have just discussed—apply to things done both inside and outside the United Kingdom, regardless of the nationality of the person by whom they are done. In essence, clause 17 makes these three new offences extraterritorial. Subsection (2) provides that where the offence is taken outside the United Kingdom, proceedings may be taken in the United Kingdom. When we heard evidence from Sarah Dineley, the head of international at the Crown Prosecution Service and the national CPS lead, she said that this provision and subsection (7) of clause 18, which extends the offence of endangering lives at sea to acts committed outside the UK, create challenges. She said, “we can obtain intelligence and evidence from our overseas counterparts at both judicial and law enforcement level…the Crown Prosecution Service has a network of liaison prosecutors based across the world…we can issue what are called international letters of request. They require the recipient country to execute the action, or to provide the information that we have asked for.” –– [ Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 31-33, Q30.] However, she also said that, for these new offences to work, there has to be “dual criminality”; that is to say, “there has to be the equivalent offence in the country that we are making the request to, and there are some gaps across Europe in establishing dual criminality for all the immigration offences that we currently have on our books.” –– [ Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 33, Q33.] Can the Minister reassure the Committee that offences equivalent to those in clauses 13, 14 and 16 exist internationally in relevant partner countries so that we can be assured that the extraterritorial scope of the offences will be effective in tackling organised immigration crime? Can she name those offences or share a list? We fully support the aims of the Government but are keen to establish the efficacy of these measures in disrupting the vile work of people-smuggling gangs.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Fourth sitting) · Hansard source

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  Clause 16, as the Minister has just set out, creates a new offence of collecting information for use in immigration crime. A person commits such an offence if a person: “collects or makes a record of information of a kind likely to be useful to a person organising or preparing for a relevant journey or part of such a journey…possesses a document or record containing information of that kind, or…views, or otherwise accesses, by means of the internet a document or record containing information of that kind.” This is an extremely wide set of information that is being criminalised. We understand the desire to keep these offences broad in order to capture as many offenders as possible, and we support that aim. However, if the definition is too wide, there is a risk that it becomes meaningless and therefore self-defeating. So, it is important to understand how the Minister believes law enforcement will assess whether the information is of a kind likely to be useful to a person organising or preparing for a relevant journey. Could she please explain how this test will be met in practice? It would also be helpful, for similar reasons, to know when the CPS will publish its guidance on what might meet the threshold for an offence to be committed under this clause. Finally, it is again a defence for an organisation that aims to assist asylum seekers if it does not charge for its services. So, we have the same questions and concerns about this defence as we did in relation to the preceding clauses.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Fourth sitting) · Hansard source

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  Presumably, though, it seems reasonable to think that there could be a third category, which is people who charge fees that are not exorbitant.

• 27 Feb 2025 · Border Security, Asylum and Immigration Bill (Second sitting) · Hansard source

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  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.

• 27 Feb 2025 · Border Security, Asylum and Immigration Bill (Second sitting) · Hansard source

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  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.