UK Borders Act 2007

Thursday 25th January 2007 at 00:00

Successive headlines about illegal immigration and human trafficking made it likely that a new Immigration Bill would be introduced to tighten up controls. John Reid’s speech to the Labour conference, “I stand with the public”, outlined his intention to clamp down on illegal immigration.

The Bill will equip the new Border and Immigration Agency with a wide range of new powers to deter, detect and deport those breaking the rules and ensure that those foreign nationals legally in the UK play their part in upholding the rules.

The Bill will provide immigration officers with greater powers, ensure that foreign national prisoners face automatic deportation and tackle illegal working and fraud.

The new powers for Immigration Officers for example will include the arrest of people smugglers or traffickers even if their crimes were committed outside of the UK and detention at ports of individuals they suspect of having committed a crime, or those with a warrant outstanding against them.

The Bill will also force foreign nationals benefiting from living in the UK to apply for a "biometric immigration document", which will be compulsory biometric ID for those living in the UK from outside the EEA helping tackle fraud, illegal working and multiple identities.

Failure to obtain biometric ID will put the person at risk of losing their leave to remain in the UK and/or a civil penalty of up to £1,000.

Foreign national prisoners are also tackled in the Bill. It states that they will face automatic deportation if they have committed a serious offence, such as crimes against children, terrorism or drugs offences and been sentenced to imprisonment or any other offences which resulted in a custodial sentence of 12 months or more.

The Bill will implement key elements of the Immigration and Nationality Directorate Review: Fair, Effective, Transparent and Trusted: Rebuilding Confidence in out Immigration System, published in July 2006.

Immigration Minister Liam Byrne opened the second reading debate and said that the Bill “should not be dismissed as another immigration Bill. It is much more ambitious than that”.

He went on to say that it is “part of an ambitious plan of reform that has actually been co-authored by many Immigration and Nationality Directorate frontline staff”.

Andrew Mackinlay (Lab, Thurrock) stated that there was a need for “one joined-up co-ordinated border police force”. These sentiments were also expressed by Liberal Democrat shadow leader of the House, David Heath.

Neil Gerrard (Lab, Walthamstow) noted his concerns that the Bill gives immigration officers “more and more powers that are quasi-police powers, yet there are not the same sort of remedies for complaints against, and supervision of, immigration officers as there are for police officers”.

Andrew Love (Lab/Co-op, Edmonton) expressed concern as to whether the provisions of the Identity Cards Act will be extended to children under the age of 16.

Shadow immigration minister Damian Green said that the Bill was “the sixth immigration Bill that the government have introduced in less than ten years”. He added, “if passing laws made our borders more secure, we would have the safest and most efficient immigration system in the world. Instead we have an embarrassing shambles”. He also discussed measures on trafficking and facilitation.

Philip Davies (Con, Shipley) said that the Bill “is the political equivalent of Nero fiddling while Rome burns”. He added that a immigration limit was needed.

John Denham (Lab, Southampton Itchen) suggested that employers who are abusive, and employers and agencies who act illegally, should be subject to the full force of the law. He also discussed the possibility of aligning the powers of Revenue and Customs staff and immigration officers.

Paul Rowen (Lib Dem, Rochdale) asked why there is yet to be a consultation on the illegal working measures in the Immigration, Asylum and Nationality Act 2006.

Home Office minister Joan Ryan concluded the debate and said that “immigration is a subject that always attracts a great deal of attention, both in this Chamber and the other place, because of its bearing on the economy and on society as a whole”. She added that it is “essential that we have the right powers and systems in place, as well as the right technology” to manage immigrants.

She went on to say that the Bill therefore “focuses on strengthening our borders” and it is not “simply a case of providing immigration officers at ports with extra powers, as it involves removing the incentives to enter the UK illegally in the first place”.

House of Commons

First reading: January 25 2007 [HC Bill 53]

Second reading: February 5 2007

UK Borders Bill Committee: