Katie Lam MP: speeches 2025

Speeches

• 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.

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

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  Q So make it harder to work illegally or outside the rules? Professor Brian Bell: Yes.

• 26 Feb 2025 · Draft Safeguarding Vulnerable Groups Act 2006 (Amendment) (Provision of Information) Order 2025 · Hansard source

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  It is a pleasure to serve with you in the Chair, Dr Murrison. I thank the Minister for their remarks on a topic about which there should be little disagreement. We must give the police the power to access the information that they need to safeguard the vulnerable. There is no reason why non-territorial and specialist police forces, as well as those in the Crown dependencies, should not also be able to do that. Removing the legal ambiguity described by the Minister is therefore something that we support without reservation. It will be helpful if the Minister could clarify whether they believe there are any outstanding issues requiring remedial action. The Government will have our full support in doing that, too. The Government have also said that they consulted affected forces and agencies, and the National Police Chiefs’ Council, while working with the DBS on the changes. We would welcome hearing about anything else that the Government might have learned in that process about data sharing in law enforcement, and ways to improve it. While we reflect on the safeguarding of vulnerable people and ways in which the authorities can allow things to fall through the cracks, it seems remiss not to acknowledge the deep and abject failings of the British state to protect its children from sexual exploitation, including by organised grooming gangs. I must therefore take the opportunity to urge the Minister to reconsider the Government’s position and commence a national inquiry into those horrific crimes. When state organisations fail us, we must correct those past failures. We can either do that by changing legislation, as we are supporting the Government to do today, or by understanding better what has gone wrong and making sure that it does not happen again. We urge the Government to do those things.

• 24 Feb 2025 · Counter-terrorism · Hansard source

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  In fighting terrorism, the Security Minister has rightly said that Islamism is the foremost threat we face. Its danger lies not just in physical violence, but in the intolerance it embodies and the intimidation it relies on. Will the Home Secretary give a clear answer to this question? Should it be a criminal offence to desecrate a Koran or any holy text: yes or no?

• 24 Feb 2025 · Indefinite Leave to Remain · Hansard source

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  As we have heard, according to the Centre for Policy Studies, over 800,000 migrants from the past five years could soon claim indefinite leave to remain. In NHS care, benefits, social housing and more, that will cost £234 billion—nearly six years of defence spending, or almost all income tax receipts for a year. Will the Minister commit to extending the qualifying period for ILR, or will she accept that the consequence of her policy is a liability for the public of hundreds of billions of pounds?

• 28 Jan 2025 · Topical Questions · Hansard source

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  T6. We know that the Attorney General has recused himself from advising the Government, but he will not tell us what for, and he still refuses to be transparent about potential payments by former clients. Does the Secretary of State for Justice really not believe that the public have a right to know?

• 28 Jan 2025 · Prolific Offenders · Hansard source

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  19. What steps her Department is taking to help tackle hyper-prolific offenders.

• 28 Jan 2025 · Prolific Offenders · Hansard source

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  The Lord Chancellor rightly says that less than 10% of criminals account for nearly half of crime. I understand that a sentencing review is under way, but any decisions are for Ministers to make. Will the right hon. Lady please rule out here and now any possibility of allowing career criminals to avoid prison, even for short sentences?

• 22 Jan 2025 · Certificate of Common Sponsorship · Hansard source

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  It is a pleasure to serve under your chairship, Dr Huq. I thank the hon. Member for Poole (Neil Duncan-Jordan) for securing this important debate. We are all deeply grateful to our doctors, nurses and care workers. They do rewarding jobs, but their roles can be difficult and gruelling, too. It is true that many people in that workforce are not British but have come to this country to do that work. We must thank them for helping to keep us and our families healthy and cared for. However, it is our role in Westminster to look at the whole picture, informed—but not led—by individual cases, and there is a wider question to address. As my right hon. Friend the Member for North West Essex (Mrs Badenoch) has said, the public have consistently asked successive Governments to lower migration and successive Governments did not deliver. Migration has been far too high for decades, and remains so. That is relevant today, because the volumes of people on the health and social care visa are eye-watering. Since 2021, more people have come to this country under the health and social care route than live in the city of Manchester. Why is that? Because those jobs are tough, yes—but fundamentally because those jobs are underpaid. The Migration Advisory Committee says, “the underlying cause of these workforce difficulties is due to the underfunding of the social care sector…immigration could not solve these workforce issues alone.” This situation is economically self-defeating. There is no question that money the Government save in the short term by underpaying salaries in health and social care is dwarfed in the medium and long term by the costs to the state. After five years, a person who has come here on a health and social care visa can apply for indefinite leave to remain. If they get it—95% of ILR applicants are successful—they will qualify for welfare, social housing, NHS care, everything. All that costs money, far more money than those on these sorts of salaries will ever pay in tax and or than they will save the state with their artificially low wages. This cannot go on. As the hon. Members for Poole, for Congleton (Mrs Russell), for Bristol Central (Carla Denyer), for Montgomeryshire and Glyndŵr (Steve Witherden), and for Truro and Falmouth (Jayne Kirkham) have noted, those individuals are at risk of exploitation. That is a result of the poor pay and conditions across the sector, which have been allowed to endure through bringing in workers from abroad who are willing to accept them as the price of coming here. A certificate of common sponsorship will simply not solve this fundamental problem. The next related issue with the visa is the degree to which it is abused. The MAC describes “misuse” of the visa as “a significant problem and greater than in other immigration routes”. All these issues raise massive concerns about the safety of patients and vulnerable people that the system is charged with caring for. It is awful that that system built up under a Conservative Government. The change of rules to limit dependants is insufficient to fix the whole problem, but was a substantial step in the right direction. Numbers in the most recent year fell by two thirds. The rules around the health and social care visa need to be tightened further, not loosened through a certificate of common sponsorship, and actually enforced. That is for the good of not only those healthcare workers themselves, but—as should be the primary concern of hon. Members here—for the good of their patients and of this country. Can the Minister please confirm that that reform is not under consideration? Can she please set out the discussions she is having with her Treasury and Health Department counterparts about the problem of underpaid jobs in health and social care? Can she please tell us how many migrants on care worker visas the Home Office expects to apply for ILR when eligible? Can she tell us, based on demographic level of income and number of dependants, what the Government expect this to cost?