Matt Vickers MP: speeches

Speeches

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

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  I would say that the big issue around deterrence is how many of those who arrive in small boats are removed. Despite the fact that the number of those arriving illegally is up 28%, the number who are being returned is down significantly. That is the big question at play here.

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

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  The principle at stake is that if someone arrives in this country illegally, they will be removed. We were not processing people who had arrived illegally and were meant to be removed, but we were returning more of them before the election than we are now. However, I will get through my comments, and there will be plenty of time then for debate—we have a full morning ahead of us. Does the Minister think that allowing 96% of illegal migrants who arrive by small boat to stay in the UK is a deterrent? At the moment, people know that if they come here on a small boat, they are 96% likely to be allowed to stay. That is a strong pull factor. The only way to remove that pull factor is to reinstate a strong deterrent. People need to know that if they arrive here on a small boat, they will not be able to stay. Can the Minister explain how she will increase the number of removals without a third country to which migrants can be sent? If it is not Rwanda, where will they go? Will it be Redcar? Will it be Romford? Will it be Richmond? Where will these people who cannot be removed to a safe country go? As Alp Mehmet said, “repealing the Rwanda Act will encourage illegal immigration… 240,000 people were declared to have entered” the EU “illegally last year” and will likely end up coming to the UK. The Government have confirmed with this Bill and the repeal of the Safety of Rwanda Act that there is no deterrence, because once people arrive here, the likelihood is that they will be able to stay. Mehmet also echoed the comments from the National Crime Agency, saying, “the only deterrent is to restrict arrivals, and to contain and remove quickly. That will send the right message.” –– [ Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 39-40, Q43.] As he pointed out, there is not “anything in the Bill” that would suggest that people will be removed quickly. Why has a removals agreement not been included in the Bill? The EU is now looking at offshore processing and deportation centres. There is also a growing consensus in the EU that the 1951 refugee convention is not fit for purpose. What assessment has the Minister made of the impact of these changes on the UK? Why have the Government scrapped the Rwanda plan, leaving the UK as an outlier? We wish to oppose the repeal of the Act by way of a Division.

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

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  In terms of the political arguments, what people out there want to see is the number of people arriving illegally in this country going down. They are not seeing that; it is up 28%. They want to see the number of hotels in communities across the country going down. It is not, although it was. The number of people arriving was also going down, but it is now up 28%, and there are 8,500 more people in hotels. That is the reality of the situation.

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

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  There is a lot to do in the way of commencement; the Bill is there and could be commenced at any time, if the Government felt it was of help. In fact, in a few years’ time, when they come back to the drawing board to try to find a deterrent, they might well want to do that. Sections 31 and 32 of the Illegal Migration Act prevented people who have entered the country illegally from obtaining British citizenship. The Labour Government are repealing this provision. Their position is hardly surprising when the Prime Minister does not think that British citizenship is a pull factor, but that does not mean it is the right thing to do. Why are the Government repealing this clause, allowing illegal migrants to get British citizenship? Do the Government not believe that British citizenship is a privilege rather than a right, especially for those who have entered the country illegally? If so, why have the Government not included measures to stop illegal migrants obtaining British citizenship, and instead only issued guidance stating that “applications made after 10 February 2025 that include illegal entry will ‘normally’ be refused citizenship, regardless of when the illegal entry occurred.”? Section 58 of the Illegal Migration Act states: “The Secretary of State may make regulations about the effect of a decision by a relevant person (“P”) not to consent to the use of a specified scientific method for the purposes of an age assessment…where there are no reasonable grounds for P’s decision.” This means that, if a migrant refused to undergo an age assessment, they would be considered an adult. Labour have removed age assessments for illegal migrants who claim to be under 18, resulting in the risk that grown men may end up in schools with teenage girls. In fact, the most recent data on age disputes shows that more than 50% of migrants claiming to be under 18 were actually adults. How do the Government therefore intend to ensure that migrants claiming to be under 18 actually undergo age assessments, and why is that not included in the Bill? The SNP’s new clause 2 would repeal the Illegal Migration Act entirely, so the SNP must be agreeing with the Labour Government that illegal migrants should be able to get British citizenship and should not have to undergo age assessments. Therefore, I ask the same questions: does the SNP not believe that British citizenship is a privilege rather than a right, especially for those who have entered the country illegally? How would the SNP ensure that migrants claiming to be under 18 actually undergo age assessments, and why is that not included in new clause 2? By repealing the Illegal Migration Act in its entirety, the SNP want to stop the seizure of mobile phones from illegal migrants, something that helps to establish identities and obtain evidence of immigration offences. As Tony Smith said: “Passport data, identity data, age data and travel history data are often held on those phones—all data that would be useful when considering an asylum application.” –– [ Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 40, Q43.] The Liberal Democrats’ amendment 9 would have repealed section 29 of the Illegal Migration Act, which requires the Secretary of State to remove people who have sought to use modern slavery protections in bad faith. Do the Liberal Democrats think that people using modern slavery protections fraudulently should be allowed to stay in the UK? If so, do they believe that people who make fraudulent immigration claims should be allowed to stay in the UK? We believe that the effect of repealing the majority of the IMA and the entirety of the Safety of Rwanda Act will be an increase in the number of people arriving in this country illegally and remaining. I have therefore asked the Government whether they would be prepared to be transparent about the numbers. If they are convinced that the approach set out in the Bill will be successful, let us measure it. Will the Minister commit to publishing all the numbers, and the nationalities, of all those who might have been excluded from the UK asylum system on grounds of connection with a safe third country or a late claim, but have not been—with reasons why not—and to setting out the obstacles to returning them to their country of origin and what steps are being taken through international agreements to overcome that, as recommended by Tony Smith in evidence to this Committee? We will oppose the inclusion of this clause in the Bill by way of a Division.

• 10 Mar 2025 · Crime and Policing Bill · Hansard source

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  I take this opportunity to thank our brave, hard-working police officers, PCSOs, police staff and volunteers for the huge sacrifices they make to keep our streets safe. I thank all hon. Members across the House for their considered and concise contributions. The Bill covers a wide array of offences, and we all welcome that. Tackling criminality means equipping the police and enforcement agencies with the powers that they need to lock up dangerous perpetrators to make our streets safer. The Bill contains meaningful and impactful provisions, particularly in relation to knife crime, car theft, retail crime, the sharing of intimate images, child sexual abuse, drug testing and cuckooing among many others. It is generous of the Government to hold the previous Conservative Government’s work in such high esteem: in fact, about two thirds of the measures in the Bill are copied straight from the previous Government. As was said—I think on several occasions—it is a copy-and-paste job that even the Chancellor would blush over. I thank my right hon. Friends the Members for Braintree (Mr Cleverly) and for Chingford and Woodford Green (Sir Iain Duncan Smith), alongside many other past and current Members of the House, for their significant work in ensuring that those offences are included in the scope of the Bill. That work will ultimately have a positive impact on the lives of all our constituents. Time does not allow me to talk through all the measures in the Bill [Hon. Members: “Oh.”] I know that hon. Members are disappointed, but I will focus on a few important provisions. First, let me turn to retail crime. As hon. Members across this House may know, having served as the chair of the all-party parliamentary group on the future of retail and as a former Woolies worker—no one ever questions whether I am old enough—I have been very involved in the campaign to protect our retail workers. I have joined the likes of the hon. Member for Nottingham North and Kimberley (Alex Norris), Paul Gerrard from the Co-op, Helen Dickinson and the team at the British Retail Consortium, the Association of Convenience Stores, USDAW, numerous retailers and others who have worked to deliver more protection for our retail workers. Back in 2021—during my slightly rebellious phase—I tabled an amendment that helped us to make an assault on a person providing a service to the public a statutory aggravating offence. More recently in April 2024, alongside a suite of measures designed to tackle retail crime, we saw the last Government agree to the creation of a stand-alone offence of assaulting a retail worker. I am glad that that will be taken up by the incumbent Government and hope that it will have a real impact and improve the lives of these important key workers in high streets and stores across the country. I have two concerns, however, about the Bill regarding retail crime. First, the previous Government’s plans had proposed to make it mandatory for the courts to impose at least a curfew requirement, an exclusion requirement or an electronic monitoring requirement on repeat offenders convicted of shoplifting or the new offence of assaulting a retail worker and sentenced to a community order or a suspended sentence. That had been welcomed by retailers, but the Bill does not include any provisions to this effect. I urge the Government to look again at this, to ensure that we are doing all we can to protect retail workers and avoid what appears to be the watering down of potential protections. Secondly, on the plans to remove the £200 threshold for shoplifting, while the rhetoric sounds positive, it is untrue to say that theft under £200 was ever decriminalised. In fact, the Government’s own impact assessment tells us that 90% of charges for shoplifting relate to property worth less than £200. There is a fear that measures will lead to further delays to justice being done while not leading to tougher or longer sentences. Victims of retail crime deserve swift justice, not year-long delays while perpetrators continue to offend. I turn now to further legislative steps that I hope Members across the House will find difficult to oppose. One hugely important measure is the introduction of a statutory aggravating factor, requiring sentencing courts to treat grooming behaviour as an aggravating factor when considering the seriousness of child sexual offences. The Opposition believe that the Government should go further and establish a national statutory inquiry, but it is right that they have brought forward this measure from the Criminal Justice Bill. It recognises the severity of the offence and ensures that third parties involved in the heinous practices of these rape gangs face justice and punishment. We must take every step possible to protect the most vulnerable and ensure that stronger laws are in place so that the terrible crimes of the past cannot be repeated. Another key measure in the Bill, contained in clauses 96 to 100, expands the ability to conduct drug tests upon arrest. The expansion of the drug testing on arrival programme, introduced by the previous Conservative Government, has already demonstrated the sheer number of individuals found to be under the influence of substances when arrested. Between March 2022 and September 2024, police forces reported a total of 154,295 tests to the Home Office. Of these, 86,207, or 56%, were positive for cocaine, opiates or both. It is therefore right that we expand the drug testing programme to cover as wide a range of class B and C drugs as possible, allowing the police to access the information they need to manage offenders appropriately within the criminal justice system. I also welcome the efforts to tackle off-road bikes. Having seen their impact on my constituents, I hope that during the passage of the Bill we might consider going even further, maybe even considering suggestions made by Government Back Benchers. We must use this opportunity to ensure that the police have the powers they need, and to examine where further powers are required to ensure that the law truly serves the victims of crime and provides a level of openness and transparency for our police forces so that people can have confidence in our justice system. Additionally, we should all want to see the police doing what they do best: on the beat, preventing and investigating crime. Their time should not be wasted on matters that the public do not consider a priority. Time and again, we see reports of police officers being sent to respond to incidents that are not criminal in nature while serious offences on our streets go unchallenged. The measures in this Bill to tackle antisocial behaviour signal an understanding that removing crime from our streets must be a priority. However, we must consider whether more can be done legislatively to ensure that police time is used effectively. I must stress that all the well-meaning measures contained in the Bill are meaningless without a well-funded police force. Forces are— [ Interruption. ] Forces—some led by Labour police and crime commissioners—are raising legitimate concerns about the level of funding they will receive from the Government. Any reduction in police numbers undermines every element of this Bill, weakening the police’s ability to tackle crime across the country. The head of the Metropolitan police has raised his concerns about potential job losses in our capital city—a city where 30% of England and Wales’s knife crime occurs. I should note at this point that it is very welcome to see the Government reintroducing many of the measures on tackling knife crime put forward in the Criminal Justice Bill by the previous Conservative Government, including a power to retain and destroy bladed articles on private property and to increase the maximum penalty for the sale of dangerous weapons to under-18s. Given that the financial pressures faced by police forces amount to an estimated £118 million shortfall, there is a real concern that the Government’s actions will contribute to a decline in police numbers. The Government’s police funding increase masks the Chancellor’s national insurance hike on our police forces and their failure to build police pay awards into the baseline. Moving forward, we will have ample opportunities as a House to scrutinise the legislation and consider potential improvements. Reading the impact assessments and economic notes accompanying the Bill reveals uncertainty about the effects of its various measures. Notably, there is a lack of clarity regarding the number of individuals expected to be imprisoned for certain offences, with significant variation in the estimates provided. The Government must back our police over the criminals and demonstrate the political will to do so. They must provide police with the resources and robust powers they need to keep officers on the beat, deliver swift justice for victims and, in turn, make our streets safer. This Bill is a step forward. Across the House, we all need to support our police officers to tackle the heinous crimes—

• 10 Mar 2025 · Crime and Policing Bill · Hansard source

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  Go for it.

• 10 Mar 2025 · Crime and Policing Bill · Hansard source

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  What the shadow Home Secretary was doing in office was putting more police on the country’s streets than ever before—149,679 police officers. We hope the Government will maintain that as we move forward, but there are lots of question marks around that. We all need to support our police officers to tackle the heinous crimes that we have heard about in the debate. I hope the Government remain open to considering measures proposed by Opposition and Government Members who are committed to robustly tackling the very behaviours that this legislation seeks to prevent.

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

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  As I said in my opening remarks, that has to be a deterrent. This is a damp squib Bill. If people come to this country illegally—if they break in—there should be real consequences. If they put other people’s lives at risk, there should be real consequences. I think we have proposed the right sentence, and Committee Members can now have their say on it. Question put, That the amendment be made.

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

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  I repeat exactly what I said: the previous Government were right to toughen up those sentences and make those who are guilty of some of the worst offences stay longer in prison. They were right not to release people during the pandemic, and therefore they were right to have the biggest prison-building programme since the Victorian era; that is a fact. It was also right that the previous Government used the Nationality and Borders Act to create life sentences for people smugglers. The vile criminals who profit from the peril of others deserve nothing less. That is why it is right to increase the sentence for this offence, as set out in amendments 15 and 16, to deter people from engaging in this awful, vile and inhumane trade. I will press amendments 17, 15 and 16 to a vote—

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

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  Yes—it is the case that more people are coming on fewer boats. Equally, however, there is also a rise in the number of boats that are coming across. I think that both those things are problematic. One thing that we know about these boats being filled with yet more people is that they become ever more dangerous, and we have seen some of the horrible consequences and fatalities as a result of that. Amendment 5, tabled by the Scottish National party, specifies that the offence created by clause 18—endangering another during sea crossing to the United Kingdom—cannot apply to asylum seekers. Surely, that would render the new offence even more ineffective, as it will not be possible to charge people until their asylum claim has been determined. Someone is perfectly capable of endangering lives at sea, whether they are an asylum seeker or not.

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

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  It is a pleasure to serve under your chairmanship, Mr Stuart. Clause 18 creates a new offence of endangering others’ lives during a sea crossing from France, Belgium or the Netherlands to the United Kingdom, which results in the commission of an existing offence under section 24 subsection (A1), (B1), (D1) or (E1) of the Immigration Act 1971. Proposed new subsection (6) to section 24 of the 1971 Act states that this offence “applies to acts carried out inside or outside the United Kingdom.” The provision is necessary for this offence. Can the Minister explain whether partner countries have comparable offences to this one that can be used to apprehend people in France, Belgium and the Netherlands? The former director general of Border Force, in his evidence to the Committee, was clear that clause 18 would be more effective if operated by French enforcement agencies, rather than in the UK, as most of the offences occur in French territory. Can the Minister reassure the Committee that, in order to successfully prosecute these offences in the UK, UK Border Force will be able to gather evidence collected outside the UK? Can the Minister guarantee that French support in providing that evidence will be forthcoming? What guarantees has the Home Office been given? In order to be prosecuted under clause 18 for offences committed in French territorial waters, people would need to be transported to this country if they are not already here, which would have the rather perverse outcome of more people coming and being able to claim asylum. As I have not been able to find any reference to that in the impact assessment, I would like the Minister to share with the Committee what the justice impact tests showed for this new offence. How many new prison places are going to be required at steady state? In other words, how effective does the Minister think the new offence will be? The Opposition tabled amendment 17 as we suspect that the new offence is not going to be greatly used. Amendment 17 would apply the new offence of endangering another during a sea crossing to the UK to any individual who tries to enter the UK illegally and makes their journey in an unseaworthy vessel, removing the requirement for the individual to have done an act to cause or create a risk of death or serious injury. If a person has crossed to the UK in a small boat, they have by definition endangered both their lives and the lives of others at sea. Those boats are unseaworthy, overcrowded and everyone who gets on board is responsible for that position. It is not just the lives of people on those dangerous vessels that are placed in danger, but potentially the lives of those who rescue them. We have tabled amendments 15 and 16 to increase the sentence for the offence to 14 years. Before the Nationality and Borders Act 2022 was passed, section 25 offences attracted a prison sentence of up to 14 years. The 2022 Act increased the penalty to life imprisonment in order to discourage unlawful facilitation of migrants to the UK, so why are the offences in this Bill for endangering lives at sea so much lower? Since the Government have scrapped the Rwanda deterrent, we would like to help them to make this damp squib of a Bill a bit more of an effective deterrent to those considering making such a dangerous crossing from a safe third country. That is why we have tabled amendments 17, 15 and 16: to demonstrate that if an individual gets on an unsafe boat to cross the channel, thereby committing an immigration offence, they will be found guilty of endangering lives at sea. Then, as a foreign criminal, their deportation should be easier for the Home Office. If the Minister is not going to accept our amendment, which would ensure that everyone arriving on a small boat should be found guilty of endangering lives at sea, I would like her to explain how people who cram themselves into overcrowded and unseaworthy vessels have not endangered themselves, others on that vessel and those who have to come to their rescue.

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

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  I beg to move amendment 17, in clause 18, page 11, leave out lines 24 to 26 and insert— “(c) the vessel in which the person travelled could not reasonably have been thought to be safe for the purposes of reaching the United Kingdom.” This amendment would apply the new offence of endangering another during a sea crossing to the UK to any individual who tries to enter the UK illegally and makes their journey in an un-seaworthy vessel, removing the requirement for the individual to have done an act to cause or create a risk of death or serious injury.

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

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  I thank Members for their considered contributions. Effective international partnerships can be useful, but I would not want to deny anyone the right to scrutinise a partner on Twitter, particularly one to whom we pay so much money. The previous Government were right to toughen up on sentences for the worst offences. They were right to restrict prisoner release during the pandemic. That put pressure on the prison system, and that that is why the previous Government were also right to undertake the biggest prison building programme since the Victorian era. I realise that the Labour party did not agree, but it was right that the previous Government used the Nationality and Borders Act to increase the penalty for people smugglers to a life sentence.

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

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  Clause 22 gives authorised officers the duty to pass on seized items that have been found in a search under clause 21 where there is a reasonable belief that the article or information stored on it has been obtained in consequence of, or is evidence in relation to, an offence other than the relevant immigration offence. The immigration officer is under a duty to notify someone who has the functions to investigate the relevant offence. What might be the reasons why a person notified under the clause might not accept the article, and what would be an acceptable reason? If a relevant person refuses to accept the article, what are the next steps? We support the powers in the clause so far as they go.

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

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  Clause 21 gives authorised officers the power to seize any electronic device that has been found in a search under clause 20, or is not found on a search but appears to the officer to be, or to have been, in the possession of a relevant person. How would officers determine whether an article appears to be or to have been in the possession of a relevant person? What is the evidence threshold for that? My question for the Minister about clause 21 is similar to my one about clause 20. Will the powers be used to gather evidence that can be used in immigration decision making and appeals? The Opposition support the powers in this clause, in so far as they go.

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

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  We support clauses 19 to 26, but only in so far as they endorse powers that we think already exist to seize, extract and retain data from mobile devices. Clause 19 provides definitions of key terms in sections 20 and 21 relating to the provisions of those clauses to allow authorised officers to search for, seize and retain relevant articles. The definition of a “relevant article” is “any thing which appears to an authorised officer to be a thing on which information that relates, or may relate, to the commission of an offence under section 25 or 25A of the Immigration Act 1971 is, or may be, stored in electronic form.” Will the Minister provide some concrete examples of what the Government think such information might consist of? Clause 20 gives relevant officers—either an immigration officer or a police constable—powers to search a relevant person, which is someone who has entered the UK without leave or in breach of a deportation order. Will the Minister explain why subsection (2) does not allow for any more than one search after the person in question has arrived in the UK? The clause gives officers the power to search for “relevant articles”, which are described in clause 19 as “any thing which appears to an authorised officer to be a thing on which information that relates, or may relate, to the commission (whether in the past or future) of an offence under section 25 or 25A of the Immigration Act 1971”. That is quite a narrow definition, as it covers just electronic devices. Will the Minister reassure the Committee that the necessary powers to search for non-electronic items exist elsewhere? In practice, we suspect the power will be used to gather information and evidence to identify smugglers for prosecution. We fully support that, but most mobile devices are destroyed during or prior to travelling across the channel. Will the Minister therefore explain whether she expects any of the evidence gathered using the powers in these clauses to be used to support decision making on immigration enforcement? If the devices are seized, as the former director general of Border Force pointed out in his evidence, they may contain useful information about nationality, identity, age and travel history, and may provide valuable evidence when assessing asylum claims. Will the Minister explain how effective the new powers will be in supporting evidence gathering to remove those with no right to be here? Will information gathered using these powers be available to asylum screening teams? Will that evidence be used in decision making for immigration appeals? These clauses do not have extraterritorial reach, so can the Minister explain to what extent the Government envisage these additional powers will make a meaningful difference to smashing the gangs, when many of the perpetrators are located outside the UK?

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

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  Clause 24 amends the Criminal Justice and Police Act 2001 so that provisions relating to the protection of legally privileged material and excluded and special material apply when mobile devices are seized under clauses 20 to 23. Can the Minister explain how often the Government envisage that those provisions would need to be invoked? Clause 25 allows the Secretary of State to make regulations to extend the powers given to authorised officers in clauses 20 to 23, to be available to other people, including people designated by the Secretary of State. Why might these powers need to be extended to different categories of people? Who does the Minister have in mind? Why are those not included on the face of the Bill? Why was it judged appropriate that these powers are subject to the negative procedure? Clause 26 defines key terms used in the preceding clauses, and we have no problem with those definitions.

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

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  Clause 23 gives authorised officers the power to access, copy and use information stored on relevant articles that have been retained under powers detailed in clause 21, and authorises the use of any information retained under this clause relating to the prevention, detection and investigation, or prosecution of such an offence. We support the powers in the clause. However, it is important to bolster the utility of the powers in clauses 20, 21 and 23. It is for that reason that we have tabled new clause 22, picking up on the suggestion made by the former director general of Border Force in his written evidence to the Committee. We have tabled the new clause because currently Border Force and immigration enforcement officers are not able to use mobile devices to track illegal migrants on bail. Although powers exist for electronic tagging, there are difficulties with using these powers and so they are not frequently used. At present, mobile devices can be used only for tracking people for serious offences. Under the Investigatory Powers Act 2016, an illegal entry into the UK does not count as a serious offence for these purposes. Mobile devices are often used by migrants on bail to report by phone rather than in person, which minimises their risk of arrest and detention on reporting. Without access to location data about illegal migrants, they are able to stay at addresses not listed on their bail forms. If immigration officers were able to make use of location data from mobile devices, they would be better able to secure compliance with bail conditions and thus reduce the risk of absconding. New clause 22 would allow law enforcement to access the mobile phone location data of people who enter the UK illegally. It would do so by adding illegal immigration to the Investigatory Powers Act 2016 as a serious offence that allows location data to be used. We would also amend the Immigration Act 2016 to allow a person’s mobile phone location data to be used as part of electronic monitoring for immigration enforcement. Of course, migrants can change phones, but they are more likely to make use of them than electronic tags. In our view, the new clause would add a useful new power to immigration enforcement teams. I am very keen to hear the Minister’s view.

• 5 Mar 2025 · Antisocial Behaviour and Illegal Bikes · Hansard source

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  I would like to thank you, Dr Murrison, for chairing today’s debate. I would also like to congratulate the hon. Member for Tipton and Wednesbury (Antonia Bance) on securing this important debate. I think the last time this debate was had might actually have been the time that I brought it as a Back Bencher. We were having the same debates then, but it is clear from the contributions that the challenges posed by the misuse of off-road bikes are having an increasing impact in areas right across the country. In my own constituency of Stockton West, the nature of incidents and crimes involving the misuse of bikes varies, but in all instances they have huge consequences. I have heard stories of people looking to enjoy some of Stockton’s beautiful green spaces and parks, only to be intimidated and threatened by teenagers on off-road bikes, riding incredibly close at incredibly high speeds. I have heard from pensioners kept awake all night by the racket of balaclava-clad yobs flying around residential areas, creating fear and havoc with no regard for others.

• 5 Mar 2025 · Antisocial Behaviour and Illegal Bikes · Hansard source

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  That will teach me to take an intervention. I think, actually, one of the big problems is that off-road bike incidents are not recorded in a way that allows us to properly measure what is going on, where they are and what the response is. I think the best thing that was done at the back end of the last Administration was putting more police on the streets than ever before. That was a good thing.

• 5 Mar 2025 · Antisocial Behaviour and Illegal Bikes · Hansard source

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  I will carry on; I want to make some progress. Cycle lanes and footpaths running through residential areas of Stockton West have become a crime speedway, used by those dealing drugs and committing thefts and other such crimes to move quickly under cover. Efforts to tackle the issue have seen motorbike inhibitors put in place, police use of drones and community-derived intelligence to locate and confiscate bikes. The examples that I referred to, both in and around the constituency, reflect a broader national problem. As I understand it, the police have the power, under section 59 of the Police Reform Act 2002, to seize vehicles, including off-road bikes that are used antisocially. That applies when a vehicle is used in a careless and inconsiderate manner, or in a way that causes alarm, distress or annoyance. A vehicle can also be seized under different provisions if it is being driven without insurance. There are additional powers in other pieces of legislation. For example, anyone who rides a quad bike on a footpath, bridleway or restricted bridleway is guilty of an offence under the Countryside and Rights of Way Act 2000. In addition, provisions in the Road Traffic Act 1988 make it illegal to drive a mechanically propelled vehicle on land where permission has not been granted. I welcome the changes coming forward in the Crime and Policing Bill, in an effort to make it easier for the police to remove vehicles without warnings. That appears to be a sensible measure. However it will be important to assess the impact of the legislation once implemented. Does the Minister intend to collect data on these offences to assess the policy’s effectiveness? Will she also give further consideration to some of the changes proposed by the hon. Members for Hartlepool (Mr Brash) and for North Durham (Luke Akehurst)? We already have a range of laws prohibiting much of this activity, which is why allowing the quicker confiscation of these bikes is a logical step. However, much depends on how the police allocate their resources to tackle the issue. As the Minister will be aware, there is a wide array of methods used to police off-road bikes. Ironically these have included providing police with their own off-road vehicles, using similar bikes to the ones they work tirelessly to confiscate. Forces such as Greater Manchester have also attempted to use data and hotspot policing effectively, so as to be in the right place at the right time. Meanwhile, intelligence-led pre-emptive raids have also been conducted by police forces across the country. I will not take up the House’s time by running through the results of each of those approaches, but they highlight the ability of local police forces to develop strategies best suited to their areas. However, as we routinely discuss, police funding plays a significant role in their effectiveness. As we know, at the time of the last election, there were more police on the streets than ever before. Police services now face a shortfall of almost £118 million, which will put a strain on officer numbers and undermines the ability of police to confiscate more of these vehicles. Does the Minister believe police forces will have the resources and flexibility to direct investment into this issue? As we know, in many cases police forces confiscate bikes only to sell them back on to the market as a source of revenue. What are the Government doing to prevent those bikes from falling back into the hands of those who would once again use them illegally or antisocially?

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

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  Clause 5 provides that a partner authority has duties, so far as is “appropriate and reasonably practicable,” to co-operate with the commander in carrying out the commander’s functions. It would be helpful if the Minister explained what the Government mean by “so far as appropriate and reasonably practicable” and under what circumstances it might be justified for a partner authority not to co-operate. Does it mean, as per subsection (2), that the partner authority would co-operate only so far as the co-operation was compatible with the exercise of its other functions, or are there other circumstances where partner authorities might not have to co-operate? Again, the clause exposes how powerless the Border Security Commander is. The commander cannot actually command any of these partner authorities to do anything at all. Subsection (3) requires those who are co-operating with the commander in the exercise of their functions to put in place arrangements governing co-operation between the commander and that person. Does the Minister have—

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

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  Clause 4 would give the Border Security Commander a duty to prepare annual reports, which must state how the commander has carried out their functions in that financial year and set out the commander’s view on the performance of the border security system that year, with particular reference to the commander’s strategic priorities. That all seems very vague, and a case of the Border Security Commander being allowed to mark their own homework. Can the Minister explain what success would look like for the Border Security Commander? What are the measurable key performance indicators that the Home Secretary will consider? That is important because the Secretary of State, as set out in clause 2, can dismiss the commander. What would constitute poor enough performance for that to happen, and what would be a success? To try to inject some objectivity and accountability into the process of annual reports, we have tabled amendment 14. We would like the Border Security Commander to report on the number of persons who have, since the later of the passing of the Bill or the last annual report, been charged or convicted of offences under clause 13, “Supplying articles for use in immigration crime”; clause 14, “Handling articles for use in immigration crime”; clause 18, “Endangering another during sea crossing to United Kingdom”; or clause 43, “Articles for use in serious crime”. We want to know how effective the new offences will be in practice for achieving the Government’s aim of stopping illegal immigration. The Government’s own impact assessment admits that very few people will go to prison as a result of the measures in the Bill. On the proposals to strengthen and improve the function of serious crime prevention orders, it says: “It is estimated that between zero and three prison places, with a central estimate of one prison place will be required per year once the steady state is reached.” On introducing an interim serious crime prevention order, it says: “It is estimated that between 0 and 1.54 prison places, with a central estimate of 0.2 prison place will be required per year once the steady state is reached.” On serious and organised crime articles, it says: “It is estimated that between four and six prison places, with a central estimate of five prison places will be required per year once the steady state is reached.” On new offences to criminalise the making, adapting, importing, supplying, offering to supply and possession of articles for use in serious crime, it says: “It is estimated that between four and six prison places, with a central estimate of five prison places will be required per year once the steady state is reached.” It is important to report on the new offences relating to immigration crime, which the Government think will not send a meaningful number of people to prison, and also on the new offence of endangering lives at sea, for which the impact assessment includes no estimate. Can the Minister confirm how many people the Government expect each year to be arrested, convicted and imprisoned under the new offence of endangering lives at sea?

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

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  The contrast is interesting. The Opposition want to see a Border Security Commander independently empowered to make meaningful changes to secure the border, rather than another civil servant muted by political oversight. There is a big contrast in perspective in terms of whether a Home Secretary should be signing off on anything anyone in this huge role—which will make a difference to our borders—will be able to say. Secondly, I would like to understand why the Government do not think it worth the Border Security Commander having the objective of reducing or even ending small boat crossings.

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

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  It is a pleasure to serve under your chairmanship, Dr Murrison. The subject of this Bill is incredibly important to this country and its future. I hope that, during the next two weeks, the Committee will give us a constructive opportunity for the consideration and strengthening of the Bill. Let me briefly outline our first amendment. Clause 1 creates the Border Security Commander as a statutory office holder, and requires that the Secretary of State must designate a civil servant as the Border Security Commander. As Tony Smith, former director general of the UK Border Force, said in evidence to the Committee: “I am not sure he will actually be able to command anything. He is probably going to be more of a co-ordinator.” –– [ Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 40, Q43.] That is why we tabled amendment 10, which would remove the requirement for the Border Security Commander to be a civil servant. The status of the Border Security Commander—as well as the commander’s functions and priorities, which I will come to in discussions on later amendments—is crucial if the role is to be in any way meaningful. As the Minister is aware, there are organisations that do not require civil servants to run them. Such a structure ensures their independence and reduces the internal day-to-day political struggles that can easily be imposed on them. Allowing recruitment from outside the civil service may also provide a wider talent pool and prevent the role from being relegated to that of yet another senior civil servant in the Department. We heard evidence about the wide array of roles in the Home Office already. The amendment would highlight the clear distinction between existing positions and the importance of securing our borders. I would be grateful for the Minister’s answers to the following questions. Why have the Government decided that the Border Security Commander must be a civil servant? What is the operational benefit of that decision? Why would the Border Security Commander not benefit from greater independence? What level of seniority will the Border Security Commander have? In evidence to the Committee, Tony Smith assumed that the post would likely be a director general. Is he correct? If so, why have the Government made that decision? Fundamentally, if Mr Smith is correct and the Border Security Commander cannot actually command anything—we will discuss that in detail when we come to later amendments—what is the point of the position? Clause 2 sets out that the Border Security Commander must “hold and vacate office in accordance with the terms and conditions of the Commander’s designation,” and that the “terms and conditions of a designation as Commander are to be determined by the Secretary of State.” That is all the information we get. Will the Minister explain what the terms and conditions of a designation as commander will be? Let us compare the situation of the Border Security Commander, who is allegedly responsible for the security of our border, with that of the Metropolitan Police Commissioner. The Police Reform and Social Responsibility Act 2011 sets out that the commissioner has to be suitably qualified; will the Minister explain why no such requirement appears to exist in the legislation for the Border Security Commander? What would count as suitable qualifications for someone to take up the post of commander? If the Secretary of State determines that a person’s designation as commander should be terminated, the Secretary of State must give the commander a written explanation of the reasons, give them an opportunity to make written representations and consider those before making a final decision. That seems sensible and in line with other positions, such as the Met Commissioner, that ought to be vaguely comparable in terms of responsibility.