← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Pete Wishart

MP for Perth and Kinross-shire · Scottish National Party · United Kingdom

IN THEIR OWN WORDS

If these are indeed the last Scottish questions for the Secretary of State, we on these Benches will miss him almost as much as his Scottish Labour colleagues will do. If it is his swansong, when is he going to bring something—anything—to the table to help break this constitutional logjam? It could be an idea, a suggestion or a proposal.

INDEPENDENCE REFERENDUM · 2026-07-15 · READ IN HANSARD

Looking at the situation just now, I would say that, at best, it is 50:50 whether it succeeds or not. That is the context for the introduction of the Bill.

IMMIGRATION AND ASYLUM BILL · 2026-07-13 · READ IN HANSARD

People who come to this country seeking refuge from conflict and persecution are not asking for special treatment—they just want to feel safe.

IMMIGRATION AND ASYLUM BILL · 2026-07-13 · READ IN HANSARD

We are at a critical juncture in the whole debate about immigration. Look at what is going on across the UK—things are not good. Such is the noise that a general culture of anti-immigrant sentiment now sweeps this country, leading to whole communities feeling unsafe, demonised and scapegoated.

IMMIGRATION AND ASYLUM BILL · 2026-07-13 · READ IN HANSARD

The news about Ann Widdecombe is truly shocking, and it is compounded by the way in which she met her death. The thoughts of the Scottish National party are with her friends and family today.

DEATH OF ANN WIDDECOMBE · 2026-07-13 · READ IN HANSARD

There were truly shocking and appalling scenes in Glasgow last week, fuelled by misinformation about the accommodation of asylum seekers. People were harassed in their own homes and roads were blocked.

TOPICAL QUESTIONS · 2026-07-13 · READ IN HANSARD

The complete record

Every one of 602 lines we hold for Pete Wishart, in date order, each linked to its source. Free to read, in full, without an account. Page 10 of 13.

  1. Although the commander is required to comply with instructions set by the Home Secretary, which again I think everybody would accept is right and appropriate, they are not explicitly required to comply with the UK’s human rights obligations. For me, that is totally wrong, and it completely skews the whole modus operandi of our Border Security Commander and features of the Bill. I will come back to that as the Bill progresses. We need to see this change to the Bill. We have 12 clauses and various subsections dedicated to the role and the functions of the commander.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  2. I think the Government actually won that court case, which meant that any of the civil servants who were involved in compiling regulations had to abide by the legislative context but did not have to oblige and comply with the international obligations. At best, it is unclear, so I ask the Minister to clarify: will the Border Security Commander, who will be a civil servant, always be obliged—totally and utterly—to fully respect all our international obligations, particularly those around the HRA and the ECAT? Without those specific obligations in the Bill, the Border Security Commander will be presumed always to prioritise enforcement over vital legal protection, potentially leading to human rights violations.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  3. I have taken no great view on that, and I listened carefully to the exchanges about the civil service role, but I have a couple of concerns in relation to my amendment 1 that I would like the Minister to address. The civil service code does not give a clear, enforceable duty to respect the UK’s obligations under international law. I am pretty certain that the Minister will tell me that there is a general obligation to comply with the law and our international obligations, as that is expected and anticipated in everything that the Government do through all their responsibilities and actions. However, I refer the Minister to the recent case in the High Court. That was, of course, R (on the application of FDA) v. Minister for the Cabinet Office and others.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  4. There are concerns that, if border enforcement strategies do not include these protections for vulnerable individuals and victims of modern slavery, trafficking victims will enter further cycles of exploitation. In prioritising enforcement over protection, as the Bill does almost exclusively, we risk wrongfully criminalising victims of trafficking and failing to identify those in need of urgent intervention—or, worst of all, sending them back to their exploiters. If we stand by our commitments under the Council of Europe convention on action against trafficking in human beings, the Bill should ensure that the commander respects those obligations too. As we have discussed, the commander is a civil servant.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  5. They are controlled and reliant. Those people are totally and utterly ignored in the subsections in clause 3. Their realities—their need and right to seek safety, reunite with family and escape situations of extreme deprivation—are ignored, even though they have everything to do with the responsibilities and functions of the commander. As a matter of principle, then, it is vital that the Bill should be amended so that the Border Security Commander has regard to objectives concerned with respecting human life and dignity, and that must include specific shared obligations to provide asylum to people fleeing persecution and to enable victims of human trafficking to have security and safety from their enslavement.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  6. There are provisions that seem to speak about the functions without actually identifying any of them. The only place where we can find objectives in clause 3 is subsection (1), but they are only objectives to which the commander must have regard. That is important. It just says he must “have regard” to the particular responsibilities that are outlined in the subsections. Subsections (7) to (9) are particularly interesting because they seem to suggest that people smuggling and human trafficking to the UK are to be regard as threats to border security. That seems fair enough; most of the Bill is about the perceived threat—disrupting networks and tackling the gangs that operate their vile trade across the channel. Here is the thing: the people who board these boats are subject to the constraints imposed by these gangs and are at their mercy.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  7. Clause 3 is supposed to be the place where we find all of those things, but the one thing that the clause does not do is outline fully, perfectly, roundly and coherently what the actual functions of the border commander will be. Even if we look very carefully in all the different subsections, it does not say much about what he is expected to do. It lists a number of administrative responsibilities he will have, which is fair and fine, but all of us discussing the role of the border commander in the Committee would like to understand what he will be doing—what are his jobs, what are his functions, what responsibilities will he have, how will these things be discharged, and how will he be open to the type of scrutiny that we, as Members of this House, require?

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  8. I do not think, even though she was trying to chide her Conservative colleagues, that there was much disagreement from anybody on whether this is a useful role that could help bring together quite a lot of the structure and infrastructure that is responsible for operating our border security. There is a discussion about a lot of his tasks being administrative. There is nothing wrong with that, but for something as important as this, everybody would like to think that where there is administration, it will be effective and put in place in a way that we could look at it. However, we need further clarity on the roles, functions and responsibilities of the border commander.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  9. However, without these explicit legal mandates and safeguards, all of that can be overlooked. If the Minister is asking us to agree to 12 clauses at the outset of a Committee for an important Bill, relating to a job that is already being done, surely we can agree that one of these functions should be about the observance of our very important international obligations under the Human Rights Act 1998 and the Council of Europe convention on action against trafficking in human beings. I do not think anybody is opposed to the border commander; I know there are a few jokes about his comparison to Chief Miekelson, but all of us agree that the Minister is establishing a necessary and useful role.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  10. Police Scotland has a chief constable who is in charge, but in “Scot Squad”, Commissioner Miekelson is a chief commissioner. It is only right that we point out these distinctions; there is a significant difference between that mythical, fictional character and the reality of the role of chief constable, which is very efficiently and effectively looked after by the current inhabitant of that post. I know you want me to get on to the particular amendment, Dr Murrison, so thank you for your forbearance and patience. My amendment confirms that the, “Commander must have full regard to…the Human Rights Act 1998; and…the Council of Europe Convention on Action against Trafficking”. The Minister is likely to tell me that none of that is necessary as human rights compliance is already implicit with Government operations.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  11. Before I put my question to the Minister, I will just say to the Committee that “The Chief” is available on iPlayer, if they want to enjoy the eight episodes that will come their way.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  12. Perhaps not—I am sure you would have a few words to say about that, Dr Murrison. I did anticipate the Minister’s response, but I do not think there is anything wrong with ensuring that our commitments to international operations and to the whole force of human rights across the world—things we agree on—are in the Bill. We saw with the previous Government how easily international obligations and the international rule of law can be set aside and torn up. We are asking for these things to be in the Bill to give us security and a guarantee that the border commander will pay attention to them. If the commander is not compelled to do that by statute, there will be no obligation whatsoever.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  13. I do not like having to correct the hon. Member for Edinburgh East and Musselburgh, who is usually very diligent on these matters, but the Human Trafficking and Exploitation (Scotland) Act 2015 is fully compliant with human rights legislation. That fact is included in the Act, as it is in practically every Act passed by the Scottish Parliament.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  14. I thank the Minister for her full response to some of my concerns about compliance with international obligations. Something that she did not respond to, and that I am really keen to secure her views on, is the FDA v. the Cabinet Office High Court case during the Rwanda litigation, which the Government obviously won. It seemed to suggest that any civil servant would not be bound by international obligations. Where does that leave the Border Security Commander?

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  15. My concern is that the judgment in that court case significantly changed our approach to international obligations and the rule of law. All I am interested in knowing is whether the Minister has any concerns, given such a significant and dramatic shift in the way successive Governments have approached these issues. Will that have any bearing on the operation of the Border Security Command?

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  16. I beg to move amendment 2, in clause 4, page 3, line 37, at end insert— “(c) set out how the Commander has fulfilled the Commander’s duties under section 3(1A) of this Act to have full regard to the Human Rights Act 1998 and the Council of Europe Convention on Action against Trafficking in Human Beings.” This amendment is linked to and consequential upon Amendment 1, and would require the Commander to include in the annual report information about how they have paid due regard to the Human Rights Act and the European Convention on Action against Trafficking.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  17. I will not detain the Committee for long. Amendment 2 covers the same sort of terrain as my amendment 1, which sought to ensure that the Border Security Commander takes cognisance of international obligations, most notably in relation to human rights and the provisions of the European convention on action against trafficking. Amendment 2 would require the commander, when making the annual report, to make reference to his compliance, in the work that he has done, with the Human Rights Act and with ECAT. That is all I am asking. There is no good reason why that cannot be included as part of the commander’s annual accounting to the House of Commons. That would give us an opportunity to understand how part of his work has been in ensuring that those obligations have been met, and I think it would be a worthy inclusion in his annual report.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  18. — (Matt Vickers.) This amendment would place a duty on the Border Security Commander to include, in their annual report, figures on immigration crime, sea crossings, detentions and deportations. Question put, That the amendment be made.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  19. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn . Amendment proposed : 14, in page 3, line 37, at end insert— “(c) state the number of persons who have, since the later of the passing of this Act or the last annual report, been— (i) charged with offences under sections 13, 14, 18, and 43 of this Act; or (ii) convicted of offences under sections 13, 14, 18, and 43 of this Act; (iii) identified as entering the United Kingdom via sea crossing without leave to remain; (iv) detained pending deportation or a decision on deportation; (v) deported to a country of which the person is a national or citizen; or (vi) deported to a country or territory to which there is reason to believe that the person will be admitted.” .

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (THIRD SITTING) · 2025-03-04 · READ IN HANSARD

  20. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  21. That is one thing that unites the whole House, and we wish the Government every success in disrupting the gangs, smashing their business operations and bringing them to justice. As we look at clauses 13 and 14, the first thing we have to do is assess and judge whether they assist in that process. I think we have to come to the conclusion that they do not, and they could make the situation a lot worse. They will certainly make the conditions of those who seek to come to our shores—some of the most wretched people in the world—much harder and more intolerable.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  22. It is an absolute pleasure to serve under your chairing this afternoon, Mr Stuart. I welcome you to the Committee. Clauses 13 to 18 are where we start to get into the serious business of the Bill, and where some of its most concerning and controversial aspects are revealed. Nowhere is that more certain than in clauses 13 and 14. The Government tell us that their whole intention and focus is exclusively on smashing the gangs, disrupting their business and bringing to justice as many of the people associated with and involved in this vile trade as possible. In everything we do in the Committee and in the House, the community must ensure that the Government are supported in that ambition and intention.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  23. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  24. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  25. He will therefore know that practically every charity and organisation that works with, and tries to improve the lives of, asylum seekers and refugees tells us that ordinary asylum seekers—those fleeing conflict, oppression and extreme poverty—will be the ones caught up in these new measures. My amendments are very straightforward. Let us exclude asylum seekers from the provisions of clauses 13 and 14. I want to do that for a number of reasons, but the one the Minister might be most attracted to is that doing so will actually help the Border Security Commander. It will allow him exclusively to focus, laser-like, on the Bill’s main target: the gangs that ply this evil trade. Let us forget about the riff-raff and the chaff. Let us focus our attention on those who arrange and organise this vile trade across the channel, and go for them.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  26. Thank you, Mr Stuart. That is a reasonable point; I think the hon. Gentleman is on to something. Of course some gang members will pretend to be asylum seekers, but it is up to the fine people who came in front of our Committee to determine and ascertain the truth. We should not create further ways to criminalise people that focus almost exclusively on asylum seekers. We must find ways to differentiate; we cannot have blanket, broadly defined clauses that include everybody. The hon. Member for Edinburgh East and Musselburgh has a fine history and record of working with asylum seekers and refugees. He has seen the briefings, as I and all Committee Members have.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  27. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  28. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  29. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  30. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  31. 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—

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  32. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  33. 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!

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  34. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  35. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  36. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  37. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  38. 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?

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  39. Their sole and exclusive priority is saving their family’s and their children’s lives, and getting the hell out of that place. That is the irritation; those asylum seekers could not care less about the Border Security, Asylum and Immigration Bill that is being debated here today. They want out, and they will do anything possible to rescue their family. Imagine that, after all that journey, after sitting in these boats, after being in the hands of the people smugglers and those gang members, they arrive in the good old United Kingdom, only to be apprehended on the basis of clauses 13 and 14 of the Bill.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  40. That is explicitly not acknowledged in the impact assessment for the Bill, which states: “There is limited understanding of the behavioural impact of this intervention, so the deterrence effect on dangerous behaviour may not be realised as intended.” I do not know whether the Minister believes that the new laws she is creating will make the slightest bit of difference to those who are in areas of conflict or fleeing oppression. I am not entirely sure that asylum seekers sitting down on the beach, or in the deserts of Sudan, in Afghanistan or in Iran, are the least bit cognisant of the developing, hardening and draconian laws of this country, put in place in Committees like this one. I suspect that they do not know about them—and, if they did know about them, they would not care less.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  41. The hon. Gentleman is wrong, and he did not hear me correctly. I am talking about the new offences in clauses 13 and 14, falling foul of which could result in a maximum of 14 years’ imprisonment. He might contend that that might get some gang member, but I am suggesting otherwise. I suspect that practically nobody from gangs involved in this vile trade will be caught up in these offences, but ordinary asylum seekers will be. Lastly on the prison population, there is a notable lack of robust evidence that lengthier custodial sentences achieve a deterrent effect or a reduction in reoffending.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  42. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  43. With clauses 13 and 14 we are not addressing the illegality of issues such as people coming to the United Kingdom; we are finding new ways of ensuring that those people will be subject to court proceedings—to being on the wrong side of UK law—and that is the thing that concerns us most. Many people have referred to agencies that gave us support today. I listened to the NCA’s evidence, and some of it was very interesting and compelling. I accept that it wants to target the gang members and those involved in this violent trade, and that is what we should be helping it to do. Obviously, asylum seekers will get caught up in all that, but let us enable the NCA to focus exclusively on trying to apprehend the gang members and secure justice rather than trying to find new ways to criminalise people coming to the UK,.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  44. I wish I could say that I was reassured by the Minister’s response. There were things she said that encouraged me and that I think she was genuine and sincere about. She, and everybody who has contributed today and who we have heard from over the past couple of weeks, is right that we do not want to arrest asylum seekers. That is the last thing we want to do, and I accept that that is the case in practically everything that anybody has said. However, more asylum seekers will be arrested because of these clauses. More will be facing justice, whatever way it applies, right across the United Kingdom because of these new offences. What we have forgotten is that it is already illegal to enter the UK irregularly. In 2020, 6,477 people were arrested because they arrived in the UK irregularly.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  45. 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.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FOURTH SITTING) · 2025-03-04 · READ IN HANSARD

  46. The language in these deterrents does not deter anybody from coming here; it just causes a hostile environment. That was the situation created by the previous Bills under the previous Government. We hope that will not be continued with the new Bill and other changes the Home Office is making. At the end of the day, when people come to our services and talk about stuff like this, they talk about how it makes them feel when they are in the country, not about how it deters them from coming here.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FIRST SITTING) · 2025-02-27 · READ IN HANSARD

  47. We argue overall that these new offences are an extremely blunt instrument to change behaviours, and they will not have the desired effect of changing behaviours and stopping people getting into very dangerous, flimsy vessels. Daniel O'Malley: To add to what Enver says, yes, it is a blunt instrument. We operate a refugee support service across the whole of Scotland, and when people come to our services they do not talk about the deterrence or anything like that; they talk about what they see once they get here. The environment that is created around people seeking asylum and refugees does not deter them from coming here, but once they are here, they feel that there is a threat to their protection and that their status here is under threat.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FIRST SITTING) · 2025-02-27 · READ IN HANSARD

  48. On endangering others, given that, as Committee members will know, many of the boats now used are barely seaworthy and overcrowded, and that the numbers crammed into them are increasing, clause 18 could cover many more people than those whom the offence is apparently targeted at—that is, the people smugglers. On Second Reading, the Home Secretary gave some useful examples of the types of behaviour that could result in people being prosecuted, including physical aggression, intimidation, the rejection of rescue attempts and so on. We think the wording should be amended to reflect specific actions to ensure that the offence is very clearly focused.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FIRST SITTING) · 2025-02-27 · READ IN HANSARD

  49. Enver Solomon: I would say not. I will come to clause 18 in a second, but I encourage the Committee to look at clauses 13 and 14. In our submission, we proposed that they should be amended to ensure the focus of the new offence is on people smugglers and not on those seeking protection in the UK. We also said that clause 15 should be amended to include other items that are important for reducing the risk that people face when attempting to cross the channel, and that the Government should consult widely to ensure the list is as extensive as is necessary.

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FIRST SITTING) · 2025-02-27 · READ IN HANSARD

  50. Q Welcome; thank you for coming along and giving your evidence, and for your written evidence. I think you are absolutely right to focus on the new criminal clauses that are included in the Bill, and to comment on how invidious they may be in how they might be broadly applied to asylum seekers. Do you agree that, if we could find some provision or series of amendments that removed asylum seekers from the focus of these new criminal laws, that might be a useful development? One of the clauses I would like you to comment on is the one that introduces an offence of endangering another person during sea crossings. You are experienced in working with asylum seekers and refugees—do they have any cognisance of the hardening of immigration and asylum laws in the UK when they are trying to get their family to safety from a war-torn region?

    BORDER SECURITY, ASYLUM AND IMMIGRATION BILL (FIRST SITTING) · 2025-02-27 · READ IN HANSARD