Pete Wishart MP: speeches

Speeches

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

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  The hon. Gentleman neglects to mention one thing. He is correctly summarising what is happening with the amendments, but it is already illegal to arrive into the UK illegally—that is what is happening. That is why so many people have been arrested and are now being processed and sent back. It is illegal to come to the UK just now if you have no means to support yourself when you are here. All the Bill is doing is finding new ways to criminalise people. I do not know what the point of the new clauses is, when all that is already happening.

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

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  I obviously accept the Minister’s word when it comes to all this, but we need to look at what is in the Bill. There are measures that we do not like and that we do not think will help to achieve the major objective, which is to disrupt the gangs’ business model and ensure that they are brought to justice. That just does not happen with these new clauses. The measure to which amendment 3 refers does not offend me in the same way that the subject of amendment 4 does. I will withdraw the amendment, but I reserve the right to push the next amendment to a vote. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 13 ordered to stand part of the Bill. Amendment 4 negatived. Clauses 14 and 15 ordered to stand part of the Bill. Clause 16 Collecting information for use in immigration crime Question proposed, That the clause stand part of the Bill.

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

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  Rather lengthy interventions are a feature of this Committee, but I am happy to go with that if everyone else is. The hon. Gentleman is right to refer to the National Crime Agency. I listened carefully to what Mr Jones had to say to the Committee, and I have no doubt about his intention. I do not think he really wants to ensnare asylum seekers; I do not think that is his focus. But he has these two badly drafted and broadly defined clauses as the net that will scoop everything up. As the hon. Member for Edinburgh East and Musselburgh said, everybody will be in that net, and it will be a matter of trying to sieve them. Why not start with the presumption that we will go for the gangs exclusively and leave aside those who come our shores to apply legitimately for asylum in the United Kingdom? Let us not waste time criminalising such people. The main problem, as I have said, is that the clauses are so broad in scope. They are not just a fishing net; they are a trawling net, trying to lift out everybody who comes across the channel. The clauses cover not only direct acts of people smuggling, but incidental activities that may not involve any criminal intent. In combination with other clauses, they would make it a crime to supply or receive almost any item that one suspects could be used to facilitate illegal travel to the UK. The proposed legislation criminalises collecting or even viewing information that could be useful in making irregular journeys, if there is reasonable suspicion that it could assist others in migration. Although the Government couch a lot of this in humanitarian language, the provisions will not prevent deaths and harm at sea. Instead, they will criminalise people on the move who have no alternative route to the UK. Let us look at the provisions in a little bit more detail. Supplying, offering to supply and handling articles for use in immigration crime will now get someone a maximum sentence of 14 years’ imprisonment. Although there are some limited humanitarian exemptions—for example, offering food and drink—the provisions considerably broaden the potential prosecution of migrant assistance and support. Importantly, with all the proposed new offences, there appears to be no explicit defence for those who are on the move. Then there are the provisions about collecting information for use in immigration crime. Such information includes arranging departure points, dates and times; in other words, information that it would be necessary to gather if someone attempted to make such a journey themselves. The Bill makes it clear that evidence could include someone’s internet history and downloads. The Government contest this, but even looking up a weather map could put someone on the foul side of these clauses. I expect the Government will tell me, “No, of course that won’t happen,” but nothing in the clauses that we are debating states that that activity is exempt.

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

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  That is a helpful and useful intervention, and the hon. Lady is right that the CPS did say that. I listened again very carefully to what was said, because concerns about these provisions have been raised repeatedly. I am sure that the CPS is serious about that, but I challenge the hon. Lady to look at the provisions and tell me how such a scenario could not be caught. The Bill is badly drafted because it provides the conditions to allow such a perception to develop. I know the Government do not want to arrest people who are looking at weather maps. I am certain that is not their intention at all, but when we examine the Bill we can see that it will allow that very thing to happen. The Minister refers to the provision in section 25 of the Illegal Immigration Act 1972 or 1973—

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

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  I beg to move amendment 3, in clause 13, page 7, line 12, at end insert— ‘(1A) For the purposes of subsection (1), P cannot commit an offence if P is an asylum seeker.’ This amendment would specify that the offence created by clause 13 (“Supplying articles for use in immigration crime”) cannot apply to asylum seekers.

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

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  I do not know whether the hon. Gentleman has noticed, but for the last three years we have had a refugee crisis from Ukraine—and there is such a distinction between how we have responded to Ukraine and how we have responded to everybody else. We put forward legal routes to allow Ukrainians to come to our country. My local authority, Perth and Kinross council, has the largest number of refugees from Ukraine in the whole of Scotland except the city of Edinburgh. I am immensely proud of the generosity of spirit of the people I represent who are taking part in that scheme. Is it not so different when we allow schemes like that? That is what we are asking the Minister for. We will have a depopulation crisis towards the middle of the century, and immigrants might be at a premium by 2060 or 2070. Why have we not been inventive and creative? Why are we not looking to do things other than leave that mess—that disgrace—on the shores of France, as we have done to date? I am sure the Minister will tell us that there is the defence of “reasonable excuse”. I accept that, and I know that it applies to each of these new offences—in other words, if a person has a reasonable excuse for engaging in the relevant conduct, they will not be guilty of the offence. I know that that is exactly what she will tell me, and she is already indicating that that is the case. But the burden lies on the defence to adduce sufficient evidence of a reasonable excuse, and if they have done so, it is for the prosecution to prove the contrary beyond reasonable doubt. To be fair, the Bill sets out a non-exhaustive list of circumstances in which the defence of reasonable excuse would apply. Under clause 13, for example, a person will have a reasonable excuse if “their action was for the purposes of carrying out a rescue of a person from danger or serious harm”. They will also have a reasonable excuse if they were acting on behalf of an organisation that aims to assist asylum seekers and does not charge for its services. All that is purely a matter of judgment, and there does not seem to be a specific threshold for conviction. The maximum sentences for each of the new offences is pretty stiff and those for offences in clauses 13 and 14 in particular are disproportionately high. To put it in context, the offence of possession of articles used in terrorism has a maximum sentence of 15 years’ imprisonment, but someone could get 14 years for falling foul of the provisions in clauses 13 and 14. The Bill is likely to have an impact on the prison population—I think I heard the hon. Member for Stockton West address some issues about the prison population with the Minister.

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

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  I do not think anyone would assert, contend or propose that. Everybody is subject to the laws. Clauses 13 and 14 are designed to create new ways to criminalise people. I have listened carefully to the Government’s rhetoric, and I believe the focus and ambit of these new laws is to smash the gangs and disrupt their business, but they will not do that. The only people who will be ensnared, entrapped and put on the wrong side of these laws are asylum seekers. I say candidly to the hon. Lady that we are creating new ways to further criminalise the most wretched people in the world, and that is a grotesque ambition for this Government. I tried to find out from the senior law officers who gave evidence how many members of gangs would be apprehended and brought to justice as a result of these new clauses. The law officers could not tell me. I do not blame them for that; they probably did not know. I suspect it would be really difficult even to make some sort of guess about how many criminals would be brought to justice as a result. I also asked what would be the ratio of ordinary asylum seekers to gang members—the ones who secure this vile trade—but the law officers could not tell me. However, I know and suspect, as I am sure they do, that nearly everybody who falls foul of the clauses will be an asylum seeker. I suspect they know—I do, and probably everybody else does—that very few gang members will be brought in front of any of our judiciary as a result of the provisions.

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

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  1971—there we go. Section 25 of that Act offers the protection of allowing for a reasonable explanation of why people are caught up in such activity. That is useful when it comes to this Bill, but why do we have to rely on something like that? We are creating a new Bill, which does something specific and unhelpful for some of the poorest and most wretched people who exist on our globe. We have a responsibility for those people under our international obligations and conventions, and this new legislation does nothing to assist them. The collection of data from people’s phones is facilitated by the Bill, which creates new broad powers to enable the search and seizure of electronic devices. I will come back to the main point I made on Second Reading. We did not get much time to elaborate on this, but I think it is pertinent to the clauses that we are debating, and the Committee must consider it properly. The gangs have a monopoly and an exclusive right to the irregular migration market. There is no other way for asylum seekers to get to the UK. It just is not possible. There are safe routes available for a small number of countries, but for the vast majority of potential asylum seekers in war-torn regions, areas and countries around the world, the only way to claim asylum in the United Kingdom is to put themselves at the mercy of the gangs, and to go on a small boat to get across the channel. Business is booming. I do not know if anyone saw the shots today from the camps in France—I think it was on Sky News. What a hell on earth they are! What a disgrace that is for us, who are part of the problem. We cannot get the situation resolved, and we are keeping some of the poorest people in such circumstances. Shame on us, and shame on everyone in the international community who allows such conditions to develop and thrive. Business is booming for the illegal gangs. I will tell you something else, Mr Stuart. It will only get better for the gangs when the Government cut the international aid budget. What do they think will happen? Do they think that conditions in those areas will get better? Of course they will not. That will lead to so many more people making the journey to the UK, and it will be down to the Government.

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

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  Q That is fine. I am just wondering: have you even the slightest scintilla of sympathy, compassion or concern for these poor wretched souls who end up on our shores with absolutely nothing and who have fled oppression, warfare and extreme poverty? Tony Smith: I do have sympathy with them. I do sympathise. Many of us, I suspect, would do the same. My issue is that they have travelled through a great many countries to make it to the UK. We used to have the United Nations High Commissioner for Refugees resettlement programme, when we had control of our borders. I was a big fan of that; I went to Canada and studied it for three years. We were actually searching the world and working with the UNHCR to identify the most vulnerable people and set a cap on the numbers that we could take. That was going on in Canada, Australia and the UK. If you look at the UNHCR website and see the numbers of people who are going through that programme now, they are not getting resettled. The reason why not is that the business model has been taken over by the smugglers. That is why we are getting large numbers of young men who can afford to cross multiple borders and pay smugglers to get here. I would like to see a return to the system where we have control of those irregular routes. Then we could start looking, as Karl said, at reintroducing UNHCR resettlement programmes, going to the UNHCR and taking a certain quota into the UK in a managed way. Alp Mehmet : Out of Gaza, there are going to be potentially 2 million people who would like some comfort, so they would like to move to somewhere a bit more convivial than Gaza is at the moment. But, if I may ask the question, why is it assumed that—because people like us advocate control and discouraging people, a lot of the time, from risking their lives, not just in crossing the channel but in living rough as they do—discouraging them from coming is in some way inhuman, insensitive and unkind?

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

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  And were they gang members? Sarah Dineley: I cannot break that down, but that would include gang members. That is the total number of prosecutions.

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

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  Q You could say what proportion of asylum seekers compared with gang members you think you will secure with the new powers under the Bill? Jim Pearce: I am not sure I am going to be able to answer that question, but I can tell you that for 12 months since November 2023 the police were involved with just under 2,000 inland clandestine incidents. What I mean by that are, for example, relevant persons who have been found in the back of an HGV who walk into police stations declaring asylum or those who have been left at petrol stations and are then picked up by police patrols and brought in. There were 2,000 incidents and nearly 3,000 persons. Obviously, they are not all being arrested for organised immigration crime offences, because they have not necessarily committed them, and my colleague here has spoken about the aggravating factors that sit within section 24, which are the key points to prove. As I say, that is probably all I could offer you at this time. Sarah Dineley: Perhaps I could put things into some sort of numerical context. Last year, we had 37,000 arrivals in the UK through small boats crossings alone, and, in the period from April to September last year, there were only 250 prosecutions.

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

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  Q You are an expert in immigration and crime—you have been doing some work on that. The clauses concerning criminalisation are main features of the Bill. How many more asylum seekers do you think will be put through the criminal courts as a result of this legislation, and how many members of gangs, and those that do the people smuggling? What, roughly, will be the proportion of each of those groups? Professor Brian Bell: I think the numbers will be quite small. In some senses, a good piece of legislation makes a criminal offence so serious, and a penalty so severe, that no one commits the crime. There is a risk that you think you have failed because no one is convicted, but actually if you deterred the behaviour then it succeeded. The reality is that if there are any convictions, it will be almost entirely asylum seekers who are convicted. I do not see how the gangs will be convicted because, as I understand it, they are not on the boats.

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

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  Q Does the panel agree that there will be increasing demand to come to the UK from right across the world? We are not going to deal with war-torn situations, oppression and absolute poverty, so people are going to continue to move in. The movement of peoples has never been so profound as in the last decade. I do not know exactly how you plan to stop that. If I am unfairly characterising your view, you can correct me, but your view is that they should not get into the UK, that they should be stopped either in the sea or the minute they arrive in the UK, and that at that point they should be booted out somewhere—if not Rwanda, some other country—or just put back to country of source. Is that roughly your view? You can just shake your head or nod. Tony Smith indicated assent.

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

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  Q It is not really going to affect the gangs, and very few of them will be caught under the Bill. I had a dispute earlier with a director general of the National Crime Agency about piloting the boats, which will, as you know, be an offence under the new legislation. In the last three years, 205 people were convicted on that basis, and it is not even in the Bill. Are we likely to see more people convicted for steering a boat because they were probably forced or compelled to do so? Professor Brian Bell: That is the implication of the legislation. I am not a lawyer, so I should be careful here, but I understand that there is a defence in the legislation that would allow you to claim that you were essentially forced into doing it, under sort of human slavery conditions.

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

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  Q I was actually very excited when I found out that there was a professor of demography coming to this panel; I have a particular interest in population demography. Using your vast knowledge of the subject, could you explain what the population and demographic trends will be for practically every European nation towards the middle part of the century and the end of the century? How will these nations cope with population stagnation, population decline and the assorted problems with a smaller working-age workforce supporting an older generation, with a falling birth rate around the world? What will they do to deal with that? David Coleman: This is a formidable tutorial group to try to give such an answer to. If I could say with any kind of confidence what was going to happen by the middle of the century, I would deserve a Nobel prize.

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

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  Q We all know. Professor, you must know. David Coleman: I can do my best. The present situation, as you are obviously suggesting, is rather dire from the point of view of domestic demography, such as the fact that the so-called total fertility is down to 1.44 and may fall further. Therefore, it presages considerable population ageing and decline should it continue. At the risk of being technical and boring, I would point out that total fertility is a snapshot. It is only a calculation of, on average, how many babies the average woman—if you can imagine an average woman—will produce over a lifetime, if the same levels of age-specific fertility were to continue, which refers to the same levels of birth rate at the ages 15 to 19, 20 to 24, and so on. If that continues at the present level, in the long run you will get 1.44 babies. This is a very volatile measure; it goes up and it goes down. Back in 2010, it was 1.94, which is really very healthy and probably as high as you could possibly get.

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

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  Q I know that we do not have much time, but I have two quick points following the compelling evidence we have heard today. It has been a very good session. One of the things that came across powerfully was the view that this Bill will do very little to actually tackle the gangs; we heard consistently throughout the evidence that, “They’ll just adjust their business model; they’ve got a monopoly on the irregular migration trade, so they are obviously going to do what they can to maintain it.” The other thing is that it will have very little impact on people making the decision to come to the United Kingdom. They are fleeing oppression, poverty and war, and they do not care about the laws of the United Kingdom—what Angela Eagle is doing in a migration Bill is not going to deter them from coming here. So what are we going to do to get on top of this issue? Should we not be thinking, as we go through this Bill process, about fresh, new ideas to tackle it? Dame Angela Eagle: Well, we have just come out of a period of fresh new ideas and gimmicks—

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

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  Q That is not what I said. I was just asking for your response to the people who arrive on our shores, and whether you feel empathy, compassion and concern about them. Alp Mehmet : We do, and even in my day as an immigration officer 50 years ago, that was exactly what we did. Tony rose to run the show, but I would argue that we had far more leeway in the ’70s as very junior, humble individual immigration officers. We were properly trained, we were monitored, we did things entirely within the law and we dealt with people humanely. It does not mean that that will not happen because we are saying, “No, you shouldn’t jump into a dinghy and make your way over here.”

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

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  Q Would you be able to supply the Committee with evidence of that? Rob Jones: People have been convicted of those offences, so that has passed an evidential test. Our role is undermining a specific element of the business model. It is not like drugs trafficking. Drugs trafficking has been established since the Misuse of Drugs Act 1971. It is a lot older, a lot more established and involves billions of pounds and tens of thousands of people internationally, if not more. The small boats threat is different from that. It is the highest harm manifestation of organised immigration crime. I have not said that I will stop organised immigration crime. I said that we will tackle the small boats business model and then continue to tackle the OIC threat, as we have been doing since 2015. Sarah Dineley: In relation to asylum seekers piloting boats, under the Immigration Act 1971 we have two offences: sections 24 and 25—section 25 being the facilitating offence. Our guidance is very clear on when we charge the section 25 facilitation offence. It is very clear from our guidance that it is not just about having a hand on the tiller; it is about being part of a management chain and being part of the organisation of that crossing. You mentioned people who are coerced into taking the tiller. We would look under section 24—arriving illegally—on whether an offence of duress would be sustained. That would form part of our considerations on whether evidentially it is made out and, secondly, whether it is in the public interest to prosecute that person. We do look at the whole set of circumstances, and our guidance sets out in very clear terms what is required, both in terms of the evidential test and the public interest test—that balancing exercise. We also have specific guidance in relation to how we treat refugees and asylum seekers. Again, that plays into the charging decision equation, as I will put it, and the balancing exercise. Jim Pearce: I am not sure what I could add to my colleagues’ comments.

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

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  Q I can sense your enthusiasm for the new criminal clauses in the Bill. To a certain degree, I get it, but it is going to keep you busy, is it not? There will be a lot of asylum seekers caught up in the various provisions in clauses 13 to 18. I am wondering what the proportion of ordinary asylum seekers will be compared with members of gangs and people who operate this business. Mr Jones, I am struck by your confidence that you are going to end this. I think you made a comparison with illegal drugs. You are probably right to make that comparison—they are both demand-led and operated by illegal gangs—but we have not been particularly successful with illegal drugs over the course of the past decade. Lastly, Ms Dineley, you said something about pilots of the boats. I hope your intelligence is telling you exactly the people who are piloting the boats. It is not the gang members or people associated with this crime. It is ordinary asylum seekers who cannot afford the fare or are forced into piloting these boats. I hope that when approaching the new powers in the clauses you will be proportionate, you will know what is going on and will not endlessly prosecute innocent people who are just asylum seekers fleeing oppression and warfare. Rob Jones: We are not looking to pursue asylum seekers who are not involved in serious and organised crime. That is not what we do. This is about tackling serious and organised crime and being as effective as we can be in doing that. There are examples of people involved in piloting boats who are connected to the organised crime groups.

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

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  Not according to the current numbers: 205 is a lot of people being convicted for being compelled to drive a boat—

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

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  Q You need two to one. You need two children per woman to sustain it—I am not telling a professor that. David Coleman: Yes, or 2.1. That is true, although there is a risk of starting another hare. I suggest that some degree of population ageing and population decline is tolerable, particularly when we are faced with a world whose habitable area is shrinking and productivity is declining, thanks to the inevitable level of global climate change. The last thing we want, it seems to me, anywhere, is population growth. Population stabilisation and population decline, as long as it is modest and eventually comes to an end, is to be welcomed. I have said that with colleagues on a number of occasions. I do agree that the present level of fertility is very unsatisfactory; it would be much healthier if it were higher. One gets into perilous waters trying to persuade people to have more children. The important thing is to identify those obstacles that stand in the way of the family size that people keep on saying they want to have. Despite all the problems at the present time, opinion polls suggest that people still want to have, on average, almost two babies or even more than two babies, but they cannot, for all sorts of reasons. In this country, some of those reasons are very obvious. One is the atrocious cost of housing. House prices are now at nine times the level of the average income, compared with three or four times, which was normal in the past.

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

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  Yes, but that is gone. Dame Angela Eagle: And very expensive they turned out to be. We have inherited such a mess, with huge backlogs and very long waits for appeals, that we have to try to clear up. We have an asylum system that essentially broke down—I think one of our witnesses was talking about it being “in meltdown” earlier today. We are going to do the day job and start to get that system working. I think that having fast, fair and effective immigration decisions is a very important part of all of this, as is removing those whose claims fail so that we can actually get to the stage where people know that, if they come to this country and they do not have a reasonable chance of being accepted as an asylum seeker, they will be returned. I think that is what the deterrent is. Seema Malhotra: If I may add one point, it is absolutely valid and right to say that this Bill is one part of trying to tackle both the criminal gangs and the demand. Certainly, the other side of the work that the Home Secretary has been leading on—in terms of agreements with other countries for returns, as well as the reasons why people are coming and what more could be put in place as a deterrent—is work that was also talked about in evidence today; international diplomacy is also an important part of the overall framework. That is going on in parallel, and it is important to be working upstream through diplomacy and agreements with other countries too.

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

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  Q I commend you for the work you do. I think what you do is amazing, and I pay tribute to that. You are absolutely right to raise some of the issues about the age assessment procedures, and their almost quasi-scientific applications. You are right to reference the debate in the House of Lords, because I think it captured that quite well. Why do you think there is an increasing trend to try to label quite obvious children or teenagers as adults? We are keeping parts of NABA, so that will be a feature of the Bill. There are concerns about modern slavery and the impact on children with that. Are there any amendments that we could bring to the Bill that would help to deal with that and meet some of those concerns, so that we can get to a much better place with how we deal with children in our asylum system? Dame Rachel de Souza: Obviously, both of those issues are concerns of mine—age assessment and the modern slavery provisions not being allowed to be applied. On age assessment, it is important that we know how old children are. I have seen 14-year-olds in hostels with 25-year-olds, which is totally inappropriate. I have seen girls who say that they are not 18 be age assessed as 18 and put in adult institutions with adult men. We do not want people masquerading as children to be put in with younger children. We need to do everything we can to determine age. The technology around scientific age assessment is going to be difficult, not least because when you are dealing with an international population—as Lord Winston talked about—it is really difficult to be precise. Being precise matters. When children arrive in Kent, they get their new clothes, then if they are sick, they are put into a shipping container until they are not sick any more. They maybe then have to sleep a bit on a bench, and then they are age assessed. That age assessment is the most important thing about the rest of their journey here. If that goes wrong, that is it; if you get that wrong, they are an adult. It is a really important and tricky thing, and it is often not supported. There are things we can do—I always look for solutions. Maybe we ought to be saying, “This is obviously a child. This is obviously an adult.” But there is a group where there are questions and perhaps we should be thinking about housing people in that group and spending a bit more time to work out how old they are and try to get the evidence, rather than making these cut-and-dry decisions that will change people’s lives. As I said, I found a 14-year-old boy in Luton who was there for years with 25-year-olds and was really upset. On the modern slavery provisions, all I would say—I hope this is helpful—is that I have seen with my own eyes a 16-year-old Eritrean girl arriving at Kent with an older man who was her boyfriend. She obviously said, “It’s fine—I’m 16. We can come in.” She had lost her parents. It was obviously going to be trafficking. We need parts of the Bill to pick that up. That is real, so we need to be really careful about these things.

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

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  Q I would like to pick up on that point, because it is very important. I think I saw somewhere that you commented that there is a lack of evidence about the long-term effects of prosecuting people smugglers, because they will just be displaced. It strikes me that given that there are no other means or safe routes to get to the UK and the people-smuggling gangs effectively have a monopoly on the irregular migration business, surely all they are going to do with all the legislation that the Government are bringing forward is adapt the models to accommodate what the Government are introducing. It always seems that they are a few steps ahead of Government. Unless we tackle the demand, surely there will not be anything we can effectively do to tackle the illegal gangs, particularly if we are going to be cutting international aid budgets, which will exacerbate the problem and drive more people into the hands of the gangs. Ms Bantleman, you have written to the Government urging them to amend the good character guidance to ensure compliance with the UK’s international obligations. Could you expand on that and elaborate on what you are intending from the Government? You are right to remind the Government of the range of their commitments and international obligations. I will come to you first, Dr Walsh. Dr Peter Walsh: It is true that there is a real lack of evidence on what the likely impact of specific policies to disrupt smuggling networks will be, but the policies could assist in disrupting smuggling activities. If you invest more resources in enforcement and agencies have greater power of seizure, search, arrest and investigation, then you would expect that more smugglers would be brought to justice. The bigger question for me is: will that reduce people travelling in small boats? There is the separate question of whether this will eliminate the market for smuggling. What we do know is that a lot of people are willing to pay a lot of money for the services that smugglers provide. If the effect of the policies is to disrupt smuggling operations, that could conceivably raise the cost of smuggling—a cost that would be passed on to migrants. It may be the case that some are priced out at the margins, but I suspect that demand is fairly inelastic. Even with an increase in price, people will still be willing to pay. Another challenge is the people most directly involved in smuggling operations on the ground—the people who are tasked with getting the migrants to shore, the boats into the water and the migrants into the boats. It does not require substantial skill, training or investment to do that job. You can apprehend those individuals, and that requires substantial resource, but they can quickly be replaced. That is why it has been described as being like whack-a-mole. I think that is one of the real challenges. Zoe Bantleman: I would like to add to that point, before I address the second question. I completely agree with what Peter says about how the most fundamental challenge in breaking the business model of smugglers is that, simply, smuggling will exist for as long as there is demand. There will be demand for it as long as there are people seeking safety. For as long as we fail to have accessible, safe, complementary routes for people to arrive here, and for as long as carriers are too fearful to allow people on to safe trains, ferries and planes to the UK, people will feel that they have no choice but to risk their lives, their savings and their families’ savings on dangerous journeys. The focus of the Bill is not on tackling trafficking or the traffickers, or on protecting the victims of trafficking; it casts its net much wider. It is really about tackling those who assist others in arriving here, as well as those who arrive here themselves. That leads me on to the second point, which is in relation to the good character guidance. There was a recent change, on the day of Second Reading, that also resulted in a change to the good character guidance, which is a statutory requirement that individuals must meet in order to become British citizens. The guidance says that anyone who enters irregularly—it actually uses the word “illegal”, which I have substituted with “irregularly”—shall “normally” not have their application for British citizenship accepted, no matter how much time has passed. Fundamentally, article 31 of the refugee convention says that individuals should be immune from penalties. It is a protective clause. It is aimed at ensuring that exactly the kind of person who does not have the time or is not able to acquire the appropriate documentation, who has a very short-term stopover in another country on the way to the UK, and who is allowed to choose their country of safety can come here and is immune from penalties. There is also an obligation under the refugee convention to facilitate the naturalisation of refugees. We also mentioned many other conventions, including the convention on the elimination of discrimination against women, and the convention on the rights of the child. Children have a right to obtain citizenship, so stateless children should not be barred from obtaining British citizenship. In addition, they should not be held accountable for things that were outside their control. Children placed on small boats may have had no control or understanding of their journey to the UK, so arriving here in a way outside their control, in a way that the Government consider to be illegal but is not illegal under international law, is not a reason for them to be barred from citizenship. That is the substance of what we have said.